Better late than never: Implied License Case finally arrives in the Law Reports
30th November 2017
When people claim rights of way, or town or village greens, by reason of their long use of land, landowners seek to argue that this long use was not ‘as of right’ but by permission, or license. If the license was not given expressly, by statement or notice, they may argue that it should be implied from all of the surrounding circumstances. Three specialist Queens’ Counsel argued this point in Mann v. Somerset County Council, a High Court case heard in 2011 by HHJ Robert Owen QC in Birmingham. The case has been referred to from time to time since, but never fully reported until now, when it has been published in The Weekly Law Reports.
Leslie Blohm QC appeared for the County Council in Mann.
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