Hugh Buckeridge v (1) Jeffrey Peter Niblett (2) Kathryn Mary Niblett (Easements and profits a prendre : Prescription, requirements and acquisition) [2018] UKFTT 441 (PC) (05 July 2018)
[2018] UKFTT 441 (PC). A applied to remove the burden of three easements from his title and the corresponding benefit of the easements from his neighbour-™s title. The easements were a) a mains water easement b) an easement allowing the draining of surface water and c) an easement allowing R to enter A-™s land to maintain and repair the boundary wall. The easements were not noted on R-™s title when he purchased and he was not aware of them. Land Registry accepted that they were registered against his title without giving him enough time to object. The issue was whether paragraph 3 of Schedule 3 applied to all or any of the easements. On the facts, R not bound by the wall easement, but the other two easements had clearly been used in the 12 months prior to his purchase.
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