No private right of way possible
Housden and Another v. Conservators of Wimbledon and Putney Commons
Chancery Division
“A prescriptive right based on 40 years of use could not be acquired under section 2 of the Prescription Act 1832 where the servient owners had powers derived from a statute that rendered it unlawful for them to grant the right claimed.”
The Times, 4th June 2007
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
