Tag Archive for 'easements'

In London Tara Hotel Ltd. v Kensington Close Hotel Ltd [2011] EWCA Civ 1356 the dispute involved two hotels located in Kensington (the Kensington Chelsea Hotel (“KC Hotel”) and the Copthorne Tara Hotel (“Tara Hotel”)) and concerned a private road (owned by the Tara hotel) that passed between them.  In the High Court below the KC Hotel established that they and their predecessors had acquired a right of way by prescription (through the doctrine of lost modern grant) over the private road owing to the fact that the present owners and their predecessors had used the road for over 20 years nec vi, nec clam, nec precario or (for those … Read the full post