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Thomas
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7478
Experience:  BA (Hons), PgDip, Practising Solicitor
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We live in a large house divided into 7 flats. In 1976 we

Customer Question

We live in a large house divided into 7 flats. In 1976 we were given verbal concent to walk, with our dogs, in the fields surrounding the property. The land has now changed hands and we have been told we can no longer walk in this area. As we hae done this for at least 35 years do we have any legal rights to continue ( a bit like squatters rights?) Any advice would be appreciated. My Email address is:[email protected] Thank you
Submitted: 5 years ago.
Category: UK Property Law
Expert:  Thomas replied 5 years ago.
Hi,

Thanks for your question.

In order to establish a legal easement through use, one must have been exercising the right continuously for 20 years. You therefore appear to have established the right to walk your dogs on the land.

You now have to seek to secure and enforce this right. You should speak to the owner of the land and confirm that this is also his understaking. Do it tacitly if you can, eg. Email, in the hope that he may acknowledge the length of the use.

If there is still resistance then you will have to see a local solicitor about registering the right against the legal title. You will have to have evidence in the form of statutory declarations made by those who have exercised the right and those who have specific knowledge that you have exercised the right. They will write to the land owner asking for the right to be permitted and that no objection to be raised to the registration of the right against the registered title to the land.

If there is further resistance then you will need to make an application to Court for determination of the right and an order for access.

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I will answer your follow up questions you may have.

Kind regards,


Tom
Thomas and 3 other UK Property Law Specialists are ready to help you
Customer: replied 5 years ago.
Thank you for your advice - I will discuss the matter with the owner - if I can get in contact with him!
Expert:  Thomas replied 5 years ago.
No problem.

Good luck.

Tom

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