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HI thanks I will try and help
A couple of questions:-
1) was your original plot sold with a right of way over the "garden" land and is evidence of this contained in your deeds?
2) if the answer to 1 above No, then have you exercised a pedestrian right of way over the land anyway, and if so for how long have you done this?
Thanks for your time.
In answer to your questions:
In answer to your questions: 1) No - there is no reference in the deeds to a right of way. 2) I have gained access on foot for eight months, as a large section of the fencing has been permanently collapsed.
the only way of gaining a right of way is by ether express grant (i.e. contained in a deed) or by prescription (i.e. by using a right over a long period of time without objection). In this latter case a right can only be gained if used for over 20 years.
So in your case I think your use of the access hasn't gone on for long enough to enforce this right. It may be that previous owners used an access and so cumulatively you gain the 20 years you need. However this, i suspect will take a bit of detective work and it may not come to anything.
I hope this helps. As before please ask any follow up questions.
Thanks. Not what I wanted to hear, of course, but not surprising. I suppose I might be able to purchase a right of way from the freeholders of the flats, with enough land for a driveway, assuming I have a chance of getting planning permission for my plot. Thanks for clearing the matter up. Geoff.
No problem. If there is anything else I can help with let me know. If you are happy then please leave me positive feedback so I can be paid for my time. As before the question wont close and you can ask any follow up questions later if you need to.