Lost modern grant—use of track by congregation sufficient (Hughes v Incumbent of the benefice of Frampton-on-Severn, Arlingham, Saul, Fretherne and Framilode)

Table of contents

• What are the practical implications of this case?
• What was the background?
• What did the UT (Lands Chamber) decide?
• Case details

Article summary

Property analysis: The Upper Tribunal (UT) held that, when considering use relied on to claim an easement by prescription, the requirement that such use be more than ‘occasional’ is not an absolute one. It depends on the context. Use of a track by the congregation of a church was sufficient in this case. Written by Charlotte Coleman, senior associate at Winckworth Sherwood LLP.