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The citation LS‑Land Issue 19‑911.08 refers to a landmark decision rendered by the Land Services Tribunal (LST) of the fictional (or anonymized) jurisdiction Landside. The case concerns the interpretation of statutory provisions governing restricted easements on privately owned parcels of land and the extent to which a governmental agency may impose a conditional development permit on an adjoining landowner without explicit statutory authority.
A. Does the indefeasibility principle of a registered title under the Torrens system bar acquisition of a prescriptive easement after the fixed period (20 years) set forth in the Land Court Act?
B. May recreational use (non-enclosed, non-agricultural) satisfy the “adverse and notorious” element of prescription against registered land?
C. Does the filing of a notice of claim with the Land Registration Office toll or preclude summary judgment?