Is it legal?
LENDAL Bridge closure, is it legal? Possibly not. In English law there are laws known as easements.
The one known as easement by prescription interest me.
An easement by prescription is acquired by a person or persons crossing land not owned by them to access land owned by them and crossing for 20 years or more.
An Easement cannot be owned by a person or persons; it is owned by the land and is transferred with the land when change of ownership occurs.
I may be wrong, but I would like to think that there is a possibility than tens of thousands of people crossing Lendal Bridge since it was declared free of tolls in 1894 have created an easement by prescription, which cannot be quashed by one person or landowner by his or her self actions.
This might even be relevant to closed roads around this city. Therefore there may be a right of way to cross Lendal Bridge by whatever means they might like to use. Not being legally trained, I would like to hear comments from suitably qualified citizens of York and its surrounding area who have better knowledge than myself on this matter.
Lastly, I would like Coun Dave Merrett to ease my thoughts concerning the above observations. If he does not reply can we all assume that there may be some truth in this letter?
Paul Whattam, Whitethorn Close, York.
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