Alexander Brand v Marian Wilsdon (Easements and profits a prendre : Prescription, requirements and acquisition) [2018] UKFTT 450 (PC) (02 July 2018)
[2018] UKFTT 450 (PC). Applicant applied to register the benefit and note the burden of a pedestrian right of way over the Respondent-™s adjacent garden to access a roadway at the side of the Respondent-™s house leading to the highway. The Applicant established on the evidence user for a sufficient time and of a sufficient quality to give rise to a prescriptive easement. The Respondent took the transfer of her property subject to the right of way as an overriding interest. The application was granted.
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