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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 813
Experience:  Solicitor with over 15 years experience.
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Good morning. I have owned a plot of land years "personally"

Customer Question

Good morning.
I have owned a plot of land for 28 years "personally" that abuts a farm that until March 2015 my family owned 50% of
We sold our shares and the new owner is claiming that I am no longer entitled to use the four access points that have been used by myself, the Farm and many independent contractors over the years.
I would appreciate your advise as to my legal position.
Kind regards
Brian D Pierson
Submitted: 2 years ago.
Category: Law
Expert:  LondonlawyerJ replied 2 years ago.
Hello, I am a solicitor with 20 years experience. I will try to help you with this.
I iiwlll need alittel more information
In essence you are asking if you have a right of way over the farm. Do you have any other means of accessing your plot of land and what is your plot of land used for? How long have these rights of way been used and has this been continuous use? If it is 20 years or more you may have acquired a legal right of way by prescription.
Also was there nothing in the conveyance about rights of way. Did you have a solicitor acting for you in the sale?
LondonlawyerJ and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Re accessing there are no other access.the plot has been accessed in four places I can send a google plan if required.

The accesses have been for over 20 years with one particular access in excess of 40 years.

There was nothing in the conveyance about rights of way.

Tozers Solicitors of Dawlish Devon prepared the conveyance.

I look forward to your further advice

Brian D Pierson

Expert:  LondonlawyerJ replied 2 years ago.
So, Tozers let you sell part of your land and retain some which can only be accessed through the part you sold without dealing with rights of way?
This is surprising and may amount to negligence. Have you contacted them about this issue? It might be that that would be the best thing to do first, AS they have detailed knowledge they know what the legla position on access in your case is.
In the absence of something solid from them it will be necessary to consider whether there is an implied easement or an easement of necessity.
Customer: replied 2 years ago.

Thank you for your reply, In 1987, I was building golf courses all over the UK 7 Europe and must admit to being remiss in failing to clarify the nesssity for a "Formal Document" trusting my Mother and Younger Brother.

I have not experienced any problems until following my Brothers "Sectioning" in 2012 he has adopted a confrontational approach that I failed to anticipate.

I have not contacted Tozers and I am doubtful if they are aware of the problems as the managing Director ( My Brother Richard) moved thecompany moved to Stephens Scown Solicitors in Exeter., he then for a short time instructed Simmonds of Poole and is currently employing Clarke & Sons.

With reference to your question over "implied easement or an easement of necessity. My problem is that the access have been used consistently and yet my Brother refuses to acknowledge the true facts.

It is difficult to know what to do next.

Your help and comments are much appreciated.

Kind regards

Brian.

Expert:  LondonlawyerJ replied 2 years ago.
If the 2 now separate plots of land were previously owned by one owner then there can be no easement as there need to be separate freehold titles, one which benefits from the easement and one which s burdened by it.
I think you will need to instruct a solicitor in the orthodox way to advise on this as it looks like you will need to assert that there is an implied easement and/or an easement of necessity. This is complex, fact specific and cannot really be dealt with here.