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Matt Jones
Matt Jones, Solicitor
Category: Law
Satisfied Customers: 671
Experience:  I am a qualified and practising Solicitor with over 7 years post qualification experience
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Thanks for that answer. I have another regarding the same

Resolved Question:

Thanks for that answer. I have another regarding the same plot of land.
I acquired the plot earlier this year. It is undeveloped open land, probably (in dispute) Metropolitan Open Land.
Th plot adjoins open parkland belonging to the local council on three sides, and residential land on the fourth.
The residential land (including my plot) was bought for development in 1929, and houses were immediately built on most of the 50 acre plot. That planning permission has long since expired, but in the 1980s a residual piece of the original estate was resold for development, and two blocks of flats were built. This plot falls between the rest of the estate and my land, and a garden and a fence were put in place at the time the flats were built. As a result, I have no access to the road except across the forecourt and garden of the flats.
My question is: do I have the right to demand that the freeholders allow me a right of way across their forecourt, to pave over about 20 feet of the lawn and remove an appropriate section of fence?
Submitted: 2 years ago.
Category: Law
Expert:  Matt Jones replied 2 years ago.
Matt Jones :

HI thanks I will try and help

Matt Jones :

A couple of questions:-

Matt Jones :

1) was your original plot sold with a right of way over the "garden" land and is evidence of this contained in your deeds?

Matt Jones :

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?

Customer:

Thanks for your time.

Customer:

In answer to your questions:

Customer:


Thanks for your time.






12:24 PM



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.



Matt Jones :

Hi thanks,

Matt Jones :

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.

Matt Jones :

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.

Matt Jones :

I hope this helps. As before please ask any follow up questions.

Customer:

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.

Matt Jones :

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.

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