[2003] EWCA Civ 23, 30 January 2003. The respondent company (X) owned a common, which under the previous owner's deed was subject to provisions in the Law of Property Act 1925 s193 prohibiting vehicular access to the land. Appellants (Y) owned properties near or on the common and had enjoyed vehicular access for over 20 years without objection from X. X brought proceedings claiming that the vehicular access was unlawful. Y claimed each household had an easement of way acquired under the Prescription Act 1832 and/or by the doctrine of lost modern grant. Judgment for X on the grounds that neither form of prescription could be based upon activity that was contrary to the criminal law. Y appealed. "Held": appeal dismissed in accordance with "Hanning v Top Deck Travel Group Ltd" (CA [1994] 68 P&CR 14). Y's claim to an easement failed because they could not show 20 years continuous lawful use. (For ChD see WB3813-21). View judgment at www.courtservice.gov.uk.