Paul Wilmshurst successful in Upper Tribunal (Lands Chamber) easement case
Sagier v Kaur (LAND REGISTRATION – EASEMENTS – whether right of way acquired by prescription over private road) [2024] UKUT 217 (LC) (29 July 2024)
Paul Wilmshurst has made an successful submission to the Upper Tribunal in an easement case about land in Smethwick. Following closely on from Nicholson v Hale [2024] UKUT 153 (LC) where Mr Wilmshurst also appeared, the Upper Tribunal had to consider whether a sign that read “NO PUBLIC RIGHT OF WAY” was sufficient to prevent the acquisition of an easement by long user.
Deciding in favour of the Appellants, the Deputy Chamber President Martin Rodger KC, held that in the circumstances and context of the case, the sign did not prevent user as of right pedestrian user for the claimed period by a near neighbour. The main question was said to be what the sign would convey to a reasonable user of the claimed right, who would be an owner of a house on the private road. This user would understand the sign in the context it was displayed: a newly constructed private road with barriers and signs indicating restricted vehicle access but allowing pedestrian passage. The reasonable user would likely interpret the “No Public Right of Way” sign as aimed at the general public, not the residents, since it was common for residents to cross each other’s frontages. Ambiguous warnings were not sufficient to render usage contentious.
Paul Wilmshurst is ranked as a leading property barrister whose practice embraces the full range of property litigation between individuals and businesses, including issues with an administrative or environmental aspects. This is one of a number of High Court level decisions that Paul has been involved with in during the last 12 months.
