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L am a leasholeder in a property in London. For the past 16…

Hi, l am a leasholeder...
Hi, l am a leasholeder in a property in London. For the past 16 years l have had exclusive use of a cabinet off the main hallway of the building in ehich l store some of my possessions. The cabinet does not officially appear in my leasehold however the building owner has been fully awarw that this cabinet is used exclusively by me.
Approx 1 month ago, the building owner asked that we empty out the contents of the cabinet/closet or thet would remove the items themselves.
Given that this cqbinet/closet has been uaed exclusovely by me for the last16 years, what are my rights in this matter?
Regards,
Tony
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Answered in 9 hours by:
1/17/2018
Thomas
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7,650
Experience: BA (Hons), PgDip, Practising Solicitor
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Hi Tony

Thanks for your question.

Unfortunately the amount of time to acquire a legal easement via long use is 20 years. This means that a person must have used a particular right for 20 years and must be able to evidence this in order to claim it as a legal

This means that you have unfortunately not used the cabinet for a sufficiently long period of time in order to claim it as a legal easement. It is frustrating of course because you are only 4 years short of the length of time that is required but the rules are applied strictly.

I am very sorry but you will probably have to relinquish your rights in respect of the cabinet unless you can agree some form of use with the landlord.

If you have any questions please do ask, otherwise please keep kindly leave feedback using the stars at the top of the page.

Kind regards

. Tom

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Customer reply replied 1 month ago
Hi, that's a shame. Does the fact that the cabinet was being used by the orevious leaseholder count towards the 20yrs test? The cabinet has always been used by the leasee of the property in question.

Hi,

The period of time use by the previous owner would count towards the time requirement, but only if you would able to produce evidence from the previous owner confirming their use of the cabinet. This would have to be in the form of a sworn statement (ie. a statutory declaration) evidencing the right by reference to a plan and confirming the length of their use.

If you had this then you could potentially claim an easement by prescription but without this it will not be possible.
Please do remember to leave feedback using the stars at the top of the page.

Kind regards.

Tom

Thomas
Thomas, Lawyer
Category: UK Property Law
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