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Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7475
Experience:  BA (Hons), PgDip, Practising Solicitor
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I have lived in the same property for over 25 years. I have

Resolved Question:

I have lived in the same property for over 25 years. I have enjoyed the right of way of an track at the back of my property during this period to exercise horses, walk dogs etc. in the full knowledge of the Estate owners and has never been contested before. This track, accross the Estate's land, leads to woods and a disused airfield and is the continuation of the track running through my property but this specific track through my property is owned by the Estate to which I have unconditional access rights. The Esate has changed hands several times and it is only recently that the Estate demanded I stop using the track.
I have refused on the basis of having access "as of right" as I have used this track unopposed for over 25 years. Am I correct in taking this stance.
Your advise would be greatly appreciated
Submitted: 5 years ago.
Category: UK Law
Expert:  Thomas replied 5 years ago.

Hi,

 

Al legal easement (eg. a right of way) may be presumed to have been granted if you, as claimain, can show that you have had uninterrupted use of the right of way for a period of 20 years under the Prescription Act 1832. If this is the case then you have acquired the right of way which the estate could not now deny you.

 

I would see a local property solicitor aboiut writing to them setting out the above and asking that the cease their efforts to deny the right of way. If they dispute then you may have to litigate and would have to prove the period of usage by statutorty declarations/witn ess statemetns made by you and other persons who can verify the length of time you have been using it.

 

If they do accept the right of way the you may consider asking your solicitor to make an application to the Land Registry to have the right registeered against your legal title and the legal title to the land over which the right is exercised in order to avoid confusoin in teh event the land is sold to new owners.

 

If this si useful poease kindly click accept so that I may be rewarded for my time. You will be free to ask follow up questions.

 

Kind regards,

 

Tom

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