The Court of Appeal rightly held

This decision sheds important light on your property law. Here is what it changes for you.

The facts

The Court of Appeal rightly held that the owners of a landlocked property could not claim possessory protection for a right of way over the path crossing their neighbour's land, since it found that these owners used sometimes that path, sometimes a footpath crossing another neighbouring property, sometimes a third route, and therefore did not establish, during the year preceding the disturbance, unequivocal possession of the site of the claimed right of way.

What the law says

This decision confirms the fundamental principles of property law.

Points to remember

• Strictly comply with the statutory time limits for legal remedies.
• Keep all your supporting documents (title deeds, instruments, correspondence).
• Anticipate: preventive advice always costs less than litigation.

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