Prescriptive easement
Prescriptive easement
On 3 March, the Court of Appeal heard argument in the appeal from the decision of Judge Purle QC in Winterburn v Bennett [2015] UKUT 59 (TCC). The judgment of the court, which was reserved, is likely to cast useful light upon the question whether signs on land indicating that a certain activity is prohibited on that land are sufficient to render the subsequent activity contentious (thus preventing the activity maturing into an easement, or perhaps frustrating its registration as a town or village green), even where the sign is wholly ignored for the prescriptive period, and no attempt is made to enforce the landowner’s rights. Jonathan Gaunt QC and Caroline Shea QC of Falcon Chambers appeared for the Appellants, while Guy Fetherstonhaugh QC (also of Falcon Chambers) and Bruce Walker (of Exchange Chambers) appeared for the Respondents.
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