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Land Law

The Disputed Boundary

Context

Glenfield House and Meadow Cottage are adjacent registered properties. For 25 years, owners of Meadow Cottage have used a footpath across Glenfield House garden to access the local road. The path was used openly without permission — the Glenfield House owners were aware. The right has never been formally registered. The new owner of Glenfield House erects a fence blocking the path. The owner of Meadow Cottage claims an easement by prescription.

Step 1. For the footpath use to qualify as an easement, which characteristics must be satisfied?

Answer options for step 1