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.

Otherwise landowners run the risk that others might acquire prescriptive rights! For further information call Stephen Proctor on 01924 387110 or eleccy-mail send an email

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