(1) Garry Bennett (2) Lynne Marie Bennett v (1) Trevor Anthony Winterburn (2) Elizabeth Winterburn: [2015] UKUT 0059 (TCC)
Upper Tribunal Tax and Chancery decision of Judge Purle QC on 6 February 2015.
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An easement by prescription could arise so long as the use in question accommodated the dominant tenement, irrespective of whether the servient owner could have sued the dominant owner for trespass. However, notices visible on a car park were sufficient to prevent any parking easement arising in favour of the dominant owner whose customers and licensees habitually ignored the notices. The notices did not however prevent a right of access being acquired for pedestrian access, as the notices were directed solely towards parking.
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Published 1 December 2016