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First-tier Tribunal (Property Chamber)
You are here: BAILII >> Databases >> First-tier Tribunal (Property Chamber) >> The Official Custodian for Charities on behalf of the Trustees of the Pontrhydyfen Miners Welfare Scheme v (1) Kieron Tomlinson Howells (2) Alison Marjorie Howells (Easements and profits a prendre : Easements and profits a prendre) [2019] UKFTT 113 (PC) (28 January 2019)
URL: http://www.bailii.org/uk/cases/UKFTT/PC/2019/113.html
Cite as: [2019] UKFTT 113 (PC)
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Decision summary
REF/2018/0246
| Case reference | REF/2018/0246 |
|---|---|
| Date of decision | 28/01/2019 |
| Adjudicator | Ms Ann McAllister |
| Applicant | The Official Custodian for Charities on behalf of the Trustees of the Pontrhydyfen Miners Welfare Scheme |
| Respondent | (1) Kieron Tomlinson Howells (2) Alison Marjorie Howells |
| Main Category & Sub Category | |
| Category | Easements and profits a prendre |
| Sub Category | Prescription, requirements and acquisition |
| Secondary Category & Sub Category | |
| Category | Easements and profits a prendre |
| Sub Category | Prescription, requirements and acquisition |
| Decision notes | [2019] UKFTT 113 (PC). application to note the benefit and burden of a right of way over a track through the Respondents’ land leading to a rugby field. The track forms part of a public footpath. The issue was whether the Applicant also has the benefit of a vehicular right of way based on prescriptive use. The field had been part of the welfare scheme since the 1950s, although it was used less frequently, because a new rugby field had been opened. It was still used for training. There was considerable evidence as to vehicular use of the track to reach the field. The Respondents had purchased their land in 2013. I found that they were bound by the right of way under schedule 3 of the 2002 Act: the track was obvious on a reasonable inspection and leads only to the field. |
| Download decision(s) | [2019] UKFTT 113 (PC) |