England and Wales Land Registry Adjudicator

Loose (a company limited by guarantee v The Spiritualists' National Union (Easements and profits a prendre : Lost Modern Grant) [2017] UKFTT 806 (PC) (04 October 2017)

Neutral Citation Number [2017] UKFTT 806 (PC). Application to register the benefit and burden of a vehicular right of way acquired by long user. The servient land had been the subject of a double conveyance. It had been conveyed to Respondent in 1937, and subsequently to Applicant's predecessors in title in 1953. Since that date, it had been used as the primary means of vehicular access to the rear of Applicant's premises. Applicant's predecessor in title had (unsurprisingly) believed that it owned the access and controlled its use by means of locked gates. Applicant acquired the premises in 2009 and continued to use the access as before. By the same token, Respondent did not realise that it owned the servient land - which was physically inaccessible from its adjoining title - and did not make use of it until 2015, when it blocked the access into Applicant's premises. Applicant's application was successful.

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