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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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I have been going across another persons land in order to get

Resolved Question:

I have been going across another persons land in order to get to a foot path for over 20 yrs with no objections from the people who have owned it (3 in total) , Have I a legal right to continue to use it, as the land has just been sold and the new owners are saying that I am no longer able to use it? Wendy Costello
Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,

Yes, it would appear so under the Prescription Act 1832.

In the Tara Hotel case, the Master of the Rolls held that

“it is well established that, if the owner of land uses a road as a means of access to, and egress from, his land for more than 20 years “as of right”, then… in the absence of special circumstances, he will obtain a right of way over the land for the benefit of his land”

Your use must have been without force, without secret i.e. open and without permission.

Hope this helps
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