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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10622
Experience:  Barrister 17 years experience
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I have used an access for more than 30 years to get to my office

Resolved Question:

I have used an access for more than 30 years to get to my office and factory premises over the entrance to a public house car park does this mean I have legal right of access
Submitted: 3 years ago.
Category: Law
Expert:  Buachaill replied 3 years ago.

Buachaill :

1. No, mere user does not automatically entitle you to a right of way. IN order to get a right of way in this manner, the access must have been used in the same manner, such as by car. Not mixed car and foot Secondly, it must have been exercised "as of right" that is without the consent or acquiesence of anyone else and must not have been done so secretly or with force. Thirdly, there must be 20 years continuous and uninterrupted use. Finally, it must be a right which could be lawfully granted to you, such as by purchasing it off the person you are claiming it from. From your question, you certainly have used the right of way for 30 years. So was this usage continuous and uninterrupted? And were the other three factors I have outlined fulfilled? If they were, then you can make application to the Land Registry to have your right of way registered as a burden on the Folio of the Land over which you have been exercising this right of access.

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