In London Tara Hotel Ltd v Kensington Close Hotel Ltd the High Court considered the circumstances in which a prescriptive right by a ‘lost modern grant’ can occur.
The case affirms existing case law and it is a useful reminder that:
- Landowners who grant a licence to use land should check that the land is being used in accordance with the terms of the licence.
- Similarly landowners who have not granted a licence should check that their land is not being used by others.
Landowners should act promptly to take positive action to protect their rights where:
- Their land is being used without permission, or outside the terms of a licence.
- A licence to use the land has expired, or it has ceased to apply as it was personal to a former user.