Legal News

Right to park by prescription not defeated by earlier right of way (Poste Hotels v Cousins)

Published on: 16 March 2020
Published by: LexisPSL
  • Right to park by prescription not defeated by earlier right of way (Poste Hotels v Cousins)
  • What are the practical implications of this case?
  • What was the background?
  • What were the claimant’s subsidiary arguments?
  • What was the claimant’s main argument?
  • What did the court decide?
  • What were the principles involved?
  • How did the court apply the principles?
  • What about Le Strange v Pettefar?
  • Did the Defendant have a right to park in front of the doors to the laundry?
  • More...

Article summary

Property analysis: The court held that a right to park had been acquired by prescription as this was the only lawful origin for the user relied on. The fact that it was subject to an earlier right of way did not matter. or take a trial to read the full analysis.

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