You are here

Worth noticing

Magnus Hassett discusses the importance of clarity and attention to detail, both in terms of complying with regulations and when writing notices and contracts

19 May 2015

The recent decision of the Upper Tribunal in Winterburn v Bennett [2015] UKUT 59 (TCC) serves as a useful reminder of the law on prescriptive rights.

Prescriptive rights can be acquired in three
ways: by common law, under the doctrine of ‘lost modern grant’, and pursuant to section 2 of the Prescription Act 1832. The general premise is that they will arise where one person has exercised rights over another person’s land without force
or secrecy, and without the consent of the owner
of the affected land, for an uninterrupted period
of at least 20 years.

The case concerned vehicular and pedestrian access by the customers and suppliers of a fish and chip shop over a car park belonging to a neighbouring Conservative Club. The club had positioned two notices in plain site in the car park which read ‘Private car park for the use of patrons o...

Want to read on?

This article is part of our subscription-based access. Please pick one of the options below to continue.

Already registered? Login to access premium content

SUBSCRIBE for one User

Unlimited access to the entire SJ website for a full year for one user.

  • 10 issues a year delivered to you
  • Digital edition of the magazine for one user – sent to your inbox or accessible through the website
  • Access to premium content on the website
  • Access to the fully searchable online archive of Solicitors Journal, Managing Partner and Private Client Adviser, which spans over 13 years
  • Weekly email newsletter with all the latest news, analysis and features
  • Comment on SJ content and contribute to the SJ community online
  • Advanced search feature
  • Online support
  • Access to SJ app compatible with Android and Apple devices – coming soon!
  • 6 special focuses per year
  • Special offers and discounts on Solicitors Journal and IICJ events

Subscribe

CORPORATE SUBSCRIPTION

Your department or entire firm can subscribe to Solicitors Journal online, providing easy access for all who require it. Discount corporate subscription rates apply, based on number of users.

The Corporate IP Licence includes:

  • Digital copy of the magazine sent to individuals’ inboxes and accessible through the website. Solicitors Journal publishes 10 issues per year
  • Unlimited access to premium content on the website based on IP addresses
  • Unlimited access to the fully searchable online archive of Solicitors Journal, Managing Partner and Private Client Adviser, which spans over 13 years
  • Weekly email newsletter with all the latest news, analysis and features
  • Comment on SJ content and contribute to the SJ community online (username required)
  • Unlimited access to SJ app compatible with Android and Apple devices
  • 6 special focuses per year
  • Special offers and discounts on Solicitors Journal and IICJ events

The Corporate IP Licence is tailored to your firm, making it the most cost effective way for the firm to access Solicitors Journal, and enables the firm to remain compliant with copyright and our Terms and Conditions. This gives you the ability to print and circulate articles within the firm.

To enquire about a Corporate IP Licence for your firm, please contact our Subscriptions Manager on emily.beechey@solicitorsjournal.com.