In this Newsflash episode, Lizzie Collin sits down with Richard Snape, Head of Legal Training at Davitt Jones Bould to discuss the recent Upper Tribunal case, Nicholson v Hale. This case addresses the prescription of easements and the conditions under which rights of way can be claimed. Richard provides an in-depth analysis of the case's background and judgment, evaluating its significance in determining whether a sign indicating "private property" affects the ability of adjoining landowners to claim a prescriptive right of way.
Cases mentioned:
Nicholson v Hale [2024] UKUT 153
Winterburn v Bennett [2016] EWCA Civ 482]
Betterment Properties (Weymouth) Ltd v Dorset County Council [2014] UKSC 7