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27 September 2024
Issue: 8087 / Categories: Legal News , Property
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NLJ this week: Baffling signs may adversely affect your property rights

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Putting up a sign—for example, ‘no parking’—is a useful & easy way to maintain a legal right, thus preventing prescriptive easements from arising. But what happens if the sign is ambiguous, misleading or inappropriate?

In this week’s NLJ, Thomas Rothwell and Kavish Shah, Falcon Chambers, look at a series of cases in which the intended meaning was not conveyed.

For example, Cleveland Golf Club’s sign was too vague, or perhaps too politely phrased. Instead of a clear ‘Keep out’, the club warned it could be dangerous to trespass on the course. Rothwell and Shah write: ‘The High Court held that, if the owners of the golf course had wished to make clear that walking over the golf course was objected to, it would have been easy for them to erect notices to that effect… As it happened, the wording sounded more like a health and safety warning. It was therefore insufficiently clear to bring home to passers-by that the use of the golf course was objected to.’

The authors present a clutch of cases. As they write, ‘The increasing body of case law in this area shows no sign of abating’.

MOVERS & SHAKERS

Clarke Willmott—Alexia Haines & Kelsey Wells

Clarke Willmott—Alexia Haines & Kelsey Wells

Clarke Willmott strengthens Birmingham private client team with double appointment

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

From global fraud cases to fishing off-grid, Mishcon de Reya’s chair of dispute resolution Hugo Plowman discusses mentors, management switching off

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law announces partner promotion and new hires amid a record year for enquiries

NEWS
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
Artificial intelligence does not demand a wholesale rewrite of liability law, argues an article challenging claims that new technology has created an accountability gap
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
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