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INC
INC, Solicitor-Advocate
Category: UK Property Law
Satisfied Customers: 11847
Experience:  LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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I have vehicle access to my property over the edge of my nei

Resolved Question:

I have vehicle access to my property over the edge of my neighbours land and have lived there for 25 years. This right is not disputed and appears on both our title deeds. The present owner has owned his property for the last 5 years and now wants to extend his boundary beyond a hedge that was planted by a previous owner and which I have maintained along the side of my vehicle access drive for 16 years. The title deed drawings show roughly an access drive width of 3 metres and he now wants to put fence posts along my existing right of use to narrow it down to this level and remove the existing hedge boundary. There is a brick wall that runs on the outside of the vehicle access and marks the edge of his land. DO I HAVE ANY RIGHTS THROUGH 25 YEARS OF ESTABLISHED USE OF THE DRIVE? I am worried that the drive will be difficult for oil delivery tankers to negotiate with his proposed fence posts and fence panels on one side and a brick wall on the other. The current drive is wider at the top end which he wishes to seize but this is needed as the drive curves into my property and vehicles need the width to make the turn. The neighbour expects me to remove some of my own hedge in our own garden to place the proposed new drive with the curve into our property. The property is in a green belt area and the gate into our property would also need to be removed - I don't know whether it would be covered by our listed building status and would need separate permission to be removed.
Submitted: 7 years ago.
Category: UK Property Law
Expert:  INC replied 7 years ago.

Hi,

 

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,

Customer: replied 7 years ago.

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?

Expert:  INC replied 7 years ago.

Hi,

 

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:

 

http://www.landreg.gov.uk/assets/library/documents/lrpg_052_0704.pdf

 

I hope this helps.

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