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First-tier Tribunal (Property Chamber)
You are here: BAILII >> Databases >> First-tier Tribunal (Property Chamber) >> (1) Daren John Rogers (2) Alison Jane Hallifield v (1) Mark Jeremy Browne (2) Christine Lynne Buffam (Easements and profits a prendre : Easements and profits a prendre) [2019] UKFTT 155 (PC) (25 February 2019)
URL: http://www.bailii.org/uk/cases/UKFTT/PC/2019/155.html
Cite as: [2019] UKFTT 155 (PC)
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Decision summary
REF/2017/1141
| Case reference | REF/2017/1141 |
|---|---|
| Date of decision | 25/02/2019 |
| Adjudicator | Mr Simon Brilliant |
| Applicant | (1) Daren John Rogers (2) Alison Jane Hallifield |
| Respondent | (1) Mark Jeremy Browne (2) Christine Lynne Buffam |
| 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 | Construction of express grant |
| Decision notes | [2019] UKFTT 155 (PC). Easement - row of terraced houses - respondents' house at end of row - passage leading from the street to the rear of the Respondents' house underneath the first floor of the house - passage leading to a further passage giving access to the rear of adjoining houses in the terrace - issues as to whether the one of the neighbours has the burden of an express easement through a 1948 grant, alternatively one arising under section 62 Law of Property Act 1925, alternatively by prescription. HELD no express grant in 1948, but the then existing quasi-easements ripened into legal easements under the predecessor to s.62 when the titles were first divided in about 1898. So the application was given effect to. |
| Download decision(s) | [2019] UKFTT 155 (PC) |