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Simply this the land has access to the highway through a gated entrance which has been in use for over twenty years the vendor has made a statutory declaration to this fact however the hedge running along the land through which the gate goes through belongs to another person.
We know we cannot create another entrance to the highway as it would go through the hedge the fact that there is an entrance which goes through the hedge that the vendor has been using for over twenty years are we safe to assume that we can not be barred from using it due to the fact that it crosses the hedge boundry line perhaps a metre of land.We have the land,we have a hedge.we have a highway .Can we be stopped from getting to the highway??
I am happy to continue waiting.
I suppose the question is do we have wright of way by the fact that the access has been used for over twenty years and we have made a statutory declaration to this fact.
Simple answer will suffice.