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Thomas
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Can I claim right to cross a neighbours boundary line to reach

Customer Question

Can I claim right to cross a neighbour's boundary line to reach a piece of land, as have been doing for 30 years?
Submitted: 4 years ago.
Category: UK Law
Expert:  Thomas replied 4 years ago.

Hi,

 

Thanks for your question.

 

In order to claim an express right of way over the land you must have been using the land and right of way continuously for 20 years: Prescription Act 1832. If you have then you can claim a legal easement over your neighbour's land (ie. a right of way).

 

You may seek to have this noted on your registered legal title at the Land Registry and I would speak to a local solicitor about making an application to the LR in this regards. It will make the property a little more marketable and avoid an awkward pre-contract enquiry by any buyer you would choose to sell to in the future.

 

If this is useful please kindly click accept so that I am rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.

 

Kind regards,

 


Tom

Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6536
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 4 other UK Law Specialists are ready to help you
Customer: replied 4 years ago.
I am very satisfied with my answer but want to take advantage of your offer to enlarge on the answer: will my right of access be negated if the neighbour bars my access before I have my official or verbal claim in? Julie
Expert:  Thomas replied 4 years ago.

You already have the right if you have used it for the requisite period of time. If he bars access you can just seek to enforce it by a solicitor in an application to the land registry.

 

Thanks for the kind accept.

 

Tom

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