Chester 01244 405555

Grosvenor Court
Foregate Street Chester
Cheshire CH1 1HG
DX: 19990 Chester

Shrewsbury 01743 443 043

Lakeside House
Oxon Business Park
Shrewsbury SY3 5HJ
DX: 148563 Shrewsbury 14

Airport City, Manchester 0844 800 8346

Office 129
Manchester Business Park
3000 Aviator Way
Manchester M22 5TG

Send us a message
Our Offices

Landlords need to safeguard against unintended rights of way

25th January, 2011

In 2010 the High Court considered the circumstances when a prescriptive right of way can be inadvertently obtained.

The case confirms that Landowners who grant a licence to use land should check that the land is actually being used in accordance with the terms of the original licence. This is in addition to periodically checking that their land is not being used by others, such as adjoining owners, where no licence has been granted at all.

Landowners should act promptly to take positive action to protect their rights where their land is being used without their permission or outside the terms of a licence. It is also important to keep licence arrangements up to date where, for instance, a licence to use the land has expired or it has ceased to apply as it was personal to a previous user or licensee.

If no checks are made or steps taken, then landowners run the potential risk that others might acquire prescriptive rights which could be detrimental to the future development or use of their own land. “The case highlights the need for landowners to be vigilant”, comments Simon Ellis. “A Landowner can reduce their risk of unintended third party rights over their land by simply ensuring that a licence is put in place, that the terms of that licence are adhered to and by being aware of what is actually taking place on their land.”

Please contact Simon Ellis for any further information related to this article or any other commercial property issue at [email protected]

You might also be interested in...

Coronavirus Act 2020 – Emergency Volunteering Leave

3rd April, 2020

What is emergency volunteering leave and what are the eligibility requirements? Emergency volunteering leave (‘EVL’) is an entitlement... Read More »

Coronavirus: Responsibilities & Employment Rights

3rd April, 2020

Please use the list below to jump to the appropriate section of this article. Updated sections are marked... Read More »

Coronavirus – Employee FAQ

3rd April, 2020

Employment lawyers like myself are grappling with the issues and advising employers and employees alike to try to bring as much clarity as we reasonably can, in the circumstances. Q1. What is the current Government advice? The PM announced there will be a lockdown across the UK in an effort to reduce the rate of infection. In his... Read More »

Contact Us
Secured By miniOrange