Prescriptive Easement

The High Court has held that it is possible to acquire a prescriptive easement to hang a gate over a driveway (by occupying the airspace), although on the facts the dominant landowner had not shown 20 years of continuous use of appropriate quality. (Bradley and another v Heslin and another [2014] EWHC 3267 (Ch).)

Written by James Naylor

Partner, CG Naylor LLP.

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