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20 April 2012 / Christopher Warenius
Issue: 7510 / Categories: Features , Property
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Easy does it?

Will reform resolve the legal minefield of easements by prescription, asks Christopher Warenius

Most property owners would agree that the law relating to easements by prescription can be a bit of a minefield. It has, as the Law Commission’s consultation paper Making Land Work: Easements, Covenants and Profits a Prendre suggests, “become too complex over decades and even centuries”.

The Court of Appeal’s judgment in London Tara Hotel v Kensington Close Hotel [2011] EWCA Civ 1356, [2011] All ER (D) 180 (Nov) illustrates the difficulties encountered in practice. The consultation paper seeks to overhaul the current law, but would the landowner in Tara be treated any differently?

Facts

In 1973, London Tara Hotel (LTH) granted a licence to Kensington Close Limited, the owner of the Kensington Close Hotel (KCH), providing for rights to use the service road belonging to LTH in consideration of an annual £1 payment, if demanded. In 1980, unknown to LTH, KCH changed ownership but use of the service road continued, even though the licence had been granted to,
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MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

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