The Official Custodian for Charities on behalf of the Trustees of the Pontrhydyfen Miners Welfare Scheme v (1) Kieron Tomlinson Howells (2) Alison Marjorie Howells (Easements and profits a prendre : Easements and profits a prendre) [2019] UKFTT 113 (PC) (28 January 2019)

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	First-tier Tribunal (Property Chamber)
You are here: BAILII >> Databases >> First-tier Tribunal (Property Chamber) >> The Official Custodian for Charities on behalf of the Trustees of the Pontrhydyfen Miners Welfare Scheme v (1) Kieron Tomlinson Howells (2) Alison Marjorie Howells (Easements and profits a prendre : Easements and profits a prendre) [2019] UKFTT 113 (PC) (28 January 2019) URL: http://www.bailii.org/uk/cases/UKFTT/PC/2019/113.html Cite as: [2019] UKFTT 113 (PC)

Decision summary
REF/2018/0246

Case reference	REF/2018/0246
Date of decision	28/01/2019
Adjudicator	Ms Ann McAllister
Applicant	The Official Custodian for Charities on behalf of the Trustees of the Pontrhydyfen Miners Welfare Scheme
Respondent	(1) Kieron Tomlinson Howells (2) Alison Marjorie Howells
Main Category & Sub Category
Category	Easements and profits a prendre
Sub Category	Prescription, requirements and acquisition
Secondary Category & Sub Category
Category	Easements and profits a prendre
Sub Category	Prescription, requirements and acquisition
Decision notes	[2019] UKFTT 113 (PC). application to note the benefit and burden of a right of way over a track through the Respondents’ land leading to a rugby field. The track forms part of a public footpath. The issue was whether the Applicant also has the benefit of a vehicular right of way based on prescriptive use. The field had been part of the welfare scheme since the 1950s, although it was used less frequently, because a new rugby field had been opened. It was still used for training. There was considerable evidence as to vehicular use of the track to reach the field. The Respondents had purchased their land in 2013. I found that they were bound by the right of way under schedule 3 of the 2002 Act: the track was obvious on a reasonable inspection and leads only to the field.
Download decision(s)	[2019] UKFTT 113 (PC)

Case reference

REF/2018/0246

Date of decision

28/01/2019

Adjudicator

Ms Ann McAllister

Applicant

The Official Custodian for Charities on behalf of the Trustees of the Pontrhydyfen Miners Welfare Scheme

Respondent

(1) Kieron Tomlinson Howells (2) Alison Marjorie Howells

Main Category & Sub Category

Category

Easements and profits a prendre

Sub Category

Prescription, requirements and acquisition

Decision notes

[2019] UKFTT 113 (PC). application to note the benefit and burden of a right of way over a track through the Respondents’ land leading to a rugby field. The track forms part of a public footpath. The issue was whether the Applicant also has the benefit of a vehicular right of way based on prescriptive use. The field had been part of the welfare scheme since the 1950s, although it was used less frequently, because a new rugby field had been opened. It was still used for training. There was considerable evidence as to vehicular use of the track to reach the field. The Respondents had purchased their land in 2013. I found that they were bound by the right of way under schedule 3 of the 2002 Act: the track was obvious on a reasonable inspection and leads only to the field.

Download decision(s)

[2019] UKFTT 113 (PC)

First-tier Tribunal (Property Chamber)

Decision summaryREF/2018/0246

Decision summary
REF/2018/0246