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The owners of a house adjoining a public park claimed a right of way and right to park based on the doctrine of lost modern grant. In 1989 a nursery school was built and an access road built, controlled by a barrier. The key and later code were kept by the school but shared with the claimant and others. Issues arose as to the extent of alleged use, whether it was permissive or by force, and whether it was consistent with use permitted by statute. The Tribunal upheld part of the claim to a right of way. Tom Jefferies acted for the Council.
