Claiming an easement through any one of the three methods of prescription outlined below requires, in each case, that the exercise of the right must have been ‘as of right’ i.e. nec vi; nec clam; nec precario (neither by force, by stealth, nor by permission). So, in [case], the defendant’s claim to a prescriptive easement of drainage failed because the use, while not surreptitious, was unknown to and unsuspected by the plaintiff.
Answer
Barney v BP Truckstops Ltd [1995] CLY 1854
Tags
#easements #land #law
Question
Claiming an easement through any one of the three methods of prescription outlined below requires, in each case, that the exercise of the right must have been ‘as of right’ i.e. nec vi; nec clam; nec precario (neither by force, by stealth, nor by permission). So, in [case], the defendant’s claim to a prescriptive easement of drainage failed because the use, while not surreptitious, was unknown to and unsuspected by the plaintiff.
Answer
?
Tags
#easements #land #law
Question
Claiming an easement through any one of the three methods of prescription outlined below requires, in each case, that the exercise of the right must have been ‘as of right’ i.e. nec vi; nec clam; nec precario (neither by force, by stealth, nor by permission). So, in [case], the defendant’s claim to a prescriptive easement of drainage failed because the use, while not surreptitious, was unknown to and unsuspected by the plaintiff.
Answer
Barney v BP Truckstops Ltd [1995] CLY 1854
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Open it h any one of the three methods of prescription outlined below requires, in each case, that the exercise of the right must have been ‘as of right’ i.e. nec vi; nec clam; nec precario (neither by force, by stealth, nor by permission). So, in <span>Barney v BP Truckstops Ltd [1995] CLY 1854, the defendant’s claim to a prescriptive easement of drainage failed because the use, while not surreptitious, was unknown to and unsuspected by the plaintiff.<span></body
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