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
Please note this podcast is for informational purposes only and is not intended to be relied upon as legal advice. To formally instruct Davitt Jones Bould or for any other queries please contact:
Elizabeth Collin
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ABOUT DAVITT JONES BOULD:
Davitt Jones Bould is a national law firm that specialises entirely in real estate. The firm has offices in London, Manchester and Birmingham ensuring truly national coverage. The firm is renowned for its high quality legal work and service.
We only recruit experienced lawyers with excellent calibre. As a result, our legal team of around 70 lawyers have an average post-qualification experience that exceeds 25 years. Most have joined us from other City firms, in-house departments and/or senior roles. Our lawyers have advised some of the UK’s most significant land owners including Barclays Bank, HSBC, Credit Suisse, Rolls Royce, The Royal Parks, The Cabinet Office and The Crown Estate. This focus on quality only has led to a 50% male and female Partner rate.
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