Success in right of way dispute before FTT

May 9, 2024

Sam Healy represented the successful applicants in REF/2022/0684, a case brought by two residents claiming prescriptive rights of way over open land owned by Doncaster Council known as Denaby Crags.  Both applicants gave evidence that they had used the rights of way to access their homes for many decades including after 1997 when the Council provided them with keys to locked gates that were erected to prevent vehicle trespass on the land by members of the wider public.  Judge Laura D’Cruz, sitting as a Judge of the FTT (Property Chamber, Land Registration) rejected the Council’s argument that the provision of keys was tantamount to the granting of permission to the applicants and found that the access had been used ‘as of right’.

Sam Healy acts in all areas of real property litigation, particularly disputes over easements and boundaries, in both court and the FTT. If you would like to instruct Sam Healy you can contact his clerks here.