In this Newsflash episode, Lizzie Collin sits down with Richard Snape, Head of Legal Training at Davitt Jones Bould, to discuss the Upper Tribunal decision in Kingdom Hall Trust v Peter Robert Davies. They unpack the complexities of prescriptive easements, focusing on the requirement for a capable grantor and how charitable land status impacts the ability to claim easements.
Richard and Lizzie discuss:
• The background and legal fiction behind prescriptive easements and “lost modern grant”.
• How the Tribunal approached the concept of a capable grantor in the context of charitable land.
• The implications of the decision for landowners, developers, and practitioners dealing with historic land use and rights of way.
This case highlights the evolving interpretation of prescription law and offers key insights into managing rights over land with charitable or ecclesiastical ownership.
Other cases mentioned:

• Hughes v Incumbent of the Benefice of Frampton-on-Severn and Others

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