In a recent decision of the First Tier Tribunal, Property Chamber (Land Registration) (REF/2021/0571), Jones & Paddick v Hughes & Others [2025] UKFTT 00839 (PC), the scope of the concept of ‘clam’ user was considered and applied with particular reference to user that was perpetuated through the user’s dishonest claim to have the benefit of a legal right which he knew he did not, in fact, enjoy. His repeated reliance upon an alleged legal right, said to have been created by an historic conveyance, was sufficient to deter a succession of putative servant owners from going so far as litigating their objections to his use of a way over their land … (more)
[Rowena Meager’s Property Law Blog, 22 July 2025]
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