In granting a faculty for the erection of a sign in a churchyard marking a public right of way, the chancellor reviewed the conflicting authorities on rights of way over consecrated ground. In reliance upon the decisions in Re Bideford [1900] P 314 and Re St Martin le Grand, York [1990] Fam 63, the chancellor concluded that a public or private right of way could be granted over a churchyard, although only with the authority of a faculty. In cases where the right of way had been exercised over a very long period it might be that the grant of a faculty was to be presumed in the absence of contrary evidence. [RA]
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