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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70519
Experience:  Over 5 years in practice
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If I and my neighbours have been using a path through private

Customer Question

If I and my neighbours have been using a path through private land for 32 years,does this constitute a right of way that annot be removed?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

-Could you explain your situation a little more?

Customer: replied 3 years ago.

We have been using a short cut from our houses to another road that runs adjacent to ours.To get there we use some steps that belong to another building which is about to be redeveloped.

Expert:  Jo C. replied 3 years ago.
Thanks for the information.

If you have been using it not in secret, without objection, and without consent for over 20 years, you acquiring easement to continue with the right-of-way.

However, if the land is owned by the local authority, the period is increased to 80 years because it is classed as being Crown land.

Proving 20 years or more use is not always particularly easy because people do not document when they start using it, they only take note some years later.

I am sorry if this is bad news for you

Hope this helps. Please let me know if you need more information.

Jo

Customer: replied 3 years ago.

3rd sentence "you acquiring easement......"what does it mean?

Expert:  Jo C. replied 3 years ago.
I'm sorry. That is a dictatation error.

It should read “you acquire an easement”.

An easement is a right over somebody else's land
Jo C. and other Law Specialists are ready to help you
Expert:  Jo C. replied 3 years ago.
Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/