We recently bought land from a large estate, approx 3 years ago. The land was previously let out to a long term tennant (approx 50years) who allowed unofficial access through the land to a third party(approx 25 years). Since we have bought the land the third party still uses the access. Can we prevent the third party from using this access, because the tennant had no legal right to allow the access?
Province/Country relating to question : Wales
Provided the previous Tenant had always given express permission for this third party to use the access, then no legal right has been created.
(If the third party had been continously using the access without permission and without complaint by the Tenant
Tenant for 20 years or more, then they would have acquired what is known as a "right by prescription" which means a legal right had been granted, and in such circumstances, the third party would have a right to continue to use the access).
It does NOT appear to me that this is the case, and if the third party still disputes their right to use the access, you may need to get a local Solicitor to write to them explaining that no legal right has been created, and that any past permission by the previous Tenant has now ceased and that they should stop using the access immediately, or you will have no alternative but to obtainan Injunction against them preventing them from using the access.
An Injunction would need to be obtained from the local County Court and would cost you at least £1-2,000 in Solicitors costs, so I hope you don't have to go down this route, but the threat of such proceedings will hopefullt stop the third party from using the access.
I hope this answers your question, but please let me know if you require any further clarification.
LLB(HONS) 15 years of experience in dealing with Conveyancing and Property Law
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