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Permission Stops Prescriptive Rights

Article contributed by Robert Kelly from Stewart Title     Two recent cases on easements    The ability to claim a right to access a property from a neighbour’s land is often the cause of dispute, and two cases decided recently show how difficult it can be to establish this legal right.    In both “Philpott v Bovisand Park Limited [2022]” and “Von Hogersthal v Boyan [2022]”, the Court looked at whether permission had been granted by the neighbour allowing…

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