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First-tier Tribunal (Property Chamber) |
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You are here: BAILII >> Databases >> First-tier Tribunal (Property Chamber) >> (1) Barry John Facey (2) Ann Prunella Facey v (1) Paul Gerald Smith (2) Julie Ann Smith (3) Paula Anne Page (Easements and profits a prendre : Easements and profits a prendre) [2019] UKFTT 163 (PC) (12 February 2019) URL: http://www.bailii.org/uk/cases/UKFTT/PC/2019/163.html Cite as: [2019] UKFTT 163 (PC) |
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| Case reference | REF/2017/0902 |
|---|---|
| Date of decision | 12/02/2019 |
| Adjudicator | Ms Ann McAllister |
| Applicant | (1) Barry John Facey (2) Ann Prunella Facey |
| Respondent | (1) Paul Gerald Smith (2) Julie Ann Smith (3) Paula Anne Page |
| Main Category & Sub Category | |
| Category | Easements and profits a prendre |
| Sub Category | Prescription, extent of right acquired |
| Secondary Category & Sub Category | |
| Category | Easements and profits a prendre |
| Sub Category | Prescription, extent of right acquired |
| Decision notes | [2019] UKFTT 163 (PC). Applicants claimed the benefit of a right of way over a shared drive way owned in part by the Respondents to a large plot of land next to his house which he had acquired by adverse possession (as a result of an earlier hearing involving the local council, heard by Judge Mark). The Respondents' objected, particularly to vehicular use over their part of the driveway to any new dwelling or dwellings which might be built on the additional plot of land. HELD that a vehicular right of way existed, but that it could not be used to gain access to any dwelling which might be built on the land as this would amount to a significant change in the purpose for which the plot of land was used at the time of acquiring the right of way (by prescription). |
| Download decision(s) | [2019] UKFTT 163 (PC) |
