Legal News

Restriction on acquiring rights of common by prescription

Published on: 26 May 2016
Published by: LexisPSL
  • Restriction on acquiring rights of common by prescription
  • Original news
  • What was the background to the claim?
  • What was the aim of CRA 1965 with regard to registration of rights of common?
  • Why did the court dismiss the appeal?
  • What does the decision mean for anyone wishing to register a right of common created by prescription after 2 January 1970?
  • Are there any detectable trends in this area? What are your predictions for the future?

Article summary

Planning analysis: Katherine Evans and Alexandra Holsgrove Jones of TLT examine the Court of Appeal’s decision in Littlejohns v Devon County Council, which concludes that a right of common over land registered as common land cannot be acquired over it by prescription after 2 January 1970. or take a trial to read the full analysis.

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