Deference & user as of right: an unholy alliance
Rowena Meager LLB, BCL (Oxon), Barrister (Harcourt Chambers),
Lecturer in Law, University of Buckingham
The statutory test for creation of a new town or village green
by prescription is that it must be 'as of right'. The article considers what that involves
in the light of recent case law and the consequence where local inhabitants, in carrying
on sports and pastimes, defer to a different primary use by or on behalf of the landowner.
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