UK Property Law
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Thanks for your question.
From the limited information you have provided above, I am of the opinion that your use of the area of land amounts to a prescriptive right by virtue of the length of time you have been doing it.
Prescriptive Rights are the rights gained to pass over or gain access to a piece of land or pathway through continued use. There are three ways in which a prescriptive right can be obtained: - Under the Prescription Act of 1832 - By Virtue of the doctrine of lost modern grant - At common law Though this may seem complicated, the rule of thumb under whichever of the above is that it must be shown that the right has been enjoyed for at least 20 years. If this can be suitably proven the law will grant the user a legal right to continue such use. That right will be binding on you and all future owners of the land and the owner will have no right to stop that use.
You will need to make an application to the Land Registry to register your right.
I hope this answers your question. If so, kindly click accept. If you wish to discuss, please feel free to ask further questions. Kind regards,
Should I get a local solicitor to follow this up with the land registry. If the neighbour tries to insert his fence posts in my land should I call the police?
I would suggest that you instruct a Solicitor to look at this for you.
A colleague has kindly informed me that Vehicular Rights are excluded from Prescription. Subsequently, I have located the following land registry practice guide which may be of some use:
I hope this helps.
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