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Thomas
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Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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I have bee using a small piece of land (6mtr x 4 mtr) to access

Resolved Question:

I have bee using a small piece of land (6mtr x 4 mtr) to access my land for the last 20years. Older locals inform me the access has been in use for far longer than that. Access is used for moving sheep between fields, for access of farm machinery to tend fields, and by EDF Energy to attend to power lines. The owner of the small piece of land has just errected a fence to prevent access to our fields. How do we stand?
Submitted: 5 years ago.
Category: UK Law
Expert:  Thomas replied 5 years ago.
Hi,

Thanks for your question.

In order to acquire a right access (easement over the land by long use a person(s) must have been ising the access for a continuous period of 20 years. If they have then the legal easement shall have been acquired by prescription.

If you have been using the land for 20 years or more then you will be able to enforce this against the person who has erected the fence. This means that you can insist on being provided access, by way of a key or having the fence taken down. You can attempt to negotiate informally with the person with others who have been using the access or you can see a solicitor about writing a letter before action to the person asking for access to be permitted otherwise formal legal action shall follow.

If you have been using the right for this long with others then you should see a solicitor about making an application to have the right registered against the registered title of the land so that if the property were to be sold then the new buyer would have notice that the right is exercisable over the land and therefore avoid future disputes.

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Kind regards,


Tom
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