First-tier Tribunal (Property Chamber)

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URL: http://www.bailii.org/uk/cases/UKFTT/PC/2019/163.html
Cite as: [2019] UKFTT 163 (PC)

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Decision summary
REF/2017/0902

Main Category & Sub Category
Case reference	REF/2017/0902
Date of decision	12/02/2019
Adjudicator	Ms Ann McAllister
Applicant	(1) Barry John Facey (2) Ann Prunella Facey
Respondent	(1) Paul Gerald Smith (2) Julie Ann Smith (3) Paula Anne Page
Category	Easements and profits a prendre
Sub Category	Prescription, extent of right acquired
Secondary Category & Sub Category
Category	Easements and profits a prendre
Sub Category	Prescription, extent of right acquired
Decision notes	[2019] UKFTT 163 (PC). Applicants claimed the benefit of a right of way over a shared drive way owned in part by the Respondents to a large plot of land next to his house which he had acquired by adverse possession (as a result of an earlier hearing involving the local council, heard by Judge Mark). The Respondents' objected, particularly to vehicular use over their part of the driveway to any new dwelling or dwellings which might be built on the additional plot of land. HELD that a vehicular right of way existed, but that it could not be used to gain access to any dwelling which might be built on the land as this would amount to a significant change in the purpose for which the plot of land was used at the time of acquiring the right of way (by prescription).
Download decision(s)	[2019] UKFTT 163 (PC)

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First-tier Tribunal (Property Chamber)

Decision summaryREF/2017/0902

Decision summary
REF/2017/0902