Case Update: The Kingdom Hall Trust v Davies
The Upper Tribunal has now given permission to The Kingdom Hall Trust to appeal to the Court of Appeal its decision in the matter of The Kingdom Hall Trust v Davies [2025] UKUT 294 (LC), handed down in August 2025.
The case raises fundamental issues about the ability to acquire easements by prescription over land held by charities, religious institutions and other bodies whose powers to dispose of land are limited - including principally whether the Upper Tribunal was correct to hold that rights can be acquired by prescription over land held by bodies who do not have power to grant easements by simply presuming a grant by predecessor in title who did have such powers, even if such a grant pre-dates entirely the prescriptive use relied upon.
James Andrews-Tipler continues to act for the appellant.
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