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An easement by prescription could arise so long as the use in question accommodated the
dominant tenement, irrespective of whether the servient owner could have sued the dominant
owner for trespass. However, notices visible on a car park were sufficient to prevent any
parking easement arising in favour of the dominant owner whose customers and licensees
habitually ignored the notices. The notices did not however prevent a right of access being
acquired for pedestrian access, as the notices were directed solely towards parking.
Published 1 December 2016