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First-tier Tribunal (Property Chamber) |
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You are here: BAILII >> Databases >> First-tier Tribunal (Property Chamber) >> (1) Eric James Gurney (2) Audrey Anne Gurney (3) Stuart Malcolm Gurney v (1) Graeme Thomas Hodson & Melanie Hodson (2) Ronald Malcolm Hancock & Mrs Hancock (3) Paul Andrew Innis Harrison & Katherine Harrison (4) Philip Roger Perkins George & Fiona George (5) Graham Evans L (Easements and profits a prendre : Easements and profits a prendre) [2019] UKFTT 376 (PC) (24 May 2019) URL: http://www.bailii.org/uk/cases/UKFTT/PC/2019/376.html |
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| Case reference | REF/2017/1161/2018/0097 |
|---|---|
| Date of decision | 24/05/2019 |
| Adjudicator | Acting Principal Judge Michael Michell |
| Applicant | (1) Eric James Gurney (2) Audrey Anne Gurney (3) Stuart Malcolm Gurney |
| Respondent | (1) Graeme Thomas Hodson & Melanie Hodson (2) Ronald Malcolm Hancock & Mrs Hancock (3) Paul Andrew Innis Harrison & Katherine Harrison (4) Philip Roger Perkins George & Fiona George (5) Graham Evans L |
| Main Category & Sub Category | |
| Category | Easements and profits a prendre |
| Sub Category | Abandonment |
| Secondary Category & Sub Category | |
| Category | Easements and profits a prendre |
| Sub Category | Abandonment |
| Decision notes | [2019] UKFTT 376 (PC). Application to alter titles to include entry showing that land in the titles had the benefit of a right of way over an unregistered private road. The right of way was created by an Enclosure Award. Respondents argued that the right of way had been abandoned. The evidence did not show that any of the owners from time to time of the benefitted land had intended that for the future neither he nor his successors in title should ever use the right of way. Accordingly, the objection failed and the Applicants succeeded. |
| Download decision(s) | [2019] UKFTT 376(PC) |
