England and Wales Land Registry Adjudicator

Roy Stephen Farrow v (1) Nicholas Dennisson Cole (2) Duncan Boag (Easements and profits a prendre : Prescription, requirements and acquisition) [2017] EWLandRA 2016_1032 (11 December 2017)

Application to register a right of way on foot and with vehicles over a private unadopted road. The paper owner of the road was not known. Two members of a residents’ association, who are also ‘street managers’ within the meaning of the New Roads and Street Works Ac 1991 objected to the application. The dominant land had been part carved out of a larger plot, access to which was from another road. There was pedestrian access to the back of the dominant land. On the facts, held that the applicant could not show 20 years user of the road and application therefore cancelled, but that the respondents could not prevent user being ‘as of right’ as they did not have paper title to the road nor had they acquired title by adverse possession.

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