Whether use by force. “The user which will support a prescriptive claim must be user nec vi, nec clam, nec precario (without force, without secrecy, without permission)… Forcible user (vi)…
It is trite law that an alleged obstruction of a right of way is not actionable unless it amounts to a substantial interference with the exercise of the right.
Q Our client is one of a number of house owners who have the right to use a private road “in common with all other persons so entitled”.
A notorious instance of being punished for doing someone a favour can arise when L renews a lease or sells and conveys the reversion to T.
As noted in our recent comment on Selby District Council v Samuel Smith Old Brewery Ltd [2001] 01 EG 82 (see PP 2000/58, a not uncommon scenario involves a sale…
A not uncommon scenario involves a sale by V of part of his land to P, and a subsequent assertion by V (or his successor) that, as a matter of…