Covid-19 and claimed rights of way: lessons from R (on the application of Roxlena Ltd) v Cumbria County Council & Peter Lamb [2019] EWCA Civ 1639 – Landmark Chambers
‘A claim of a public right of way under section 31(1) of the Highways Act 1980 requires use by the public as of right and without interruption for 20 years. Similarly, a claimed private right of way by prescription under the Prescription Act 1832 requires 20 years’ uninterrupted use. To make good a prescriptive claim, whether under the 1832 Act, by the doctrine of lost modern grant or at common law, the use must be of such a character, degree and frequency as to indicate an assertion of a continuous right. The issue we discuss is whether an interruption to use as a result of Covid-19 would count for either of these two purposes.’
Landmark Chambers, 3rd April 2020
Source: www.landmarkchambers.co.uk
