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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10623
Experience:  Barrister 17 years experience
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I AM CONSIDERING THE PURCHASE OF 9.41 ACRES GRAZING LAND IN

Customer Question

I AM CONSIDERING THE PURCHASE OF 9.41 ACRES GRAZING LAND IN NORTHAMPTONSHIRE.
ALONG THE BOUNDRY BETWEEN THE HIGHWAY AND THE LAND IS A HEDGE OWNED BY A THIRD PARTY,CURRENTLY WE HAVE ACCESS THROUGH A GATED ENTRANCE WHICH HAS BEEN USED FOR OVER 20 YEARS.A STATUTORY DECLARATION HAS BEEN MADE.
DOES THE OWNER OF THE HEDGE HAVE A RIGHT TO STOP US USING THIS ENTRANCE
MAKING THE LAND WORTHLESS AS NO OTHER ACCESS IS AVAILABLE.
DEREK MOBLEY
EMAIL***@******.***
Submitted: 1 year ago.
Category: Law
Expert:  Nicola-mod replied 1 year ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 1 year ago.

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??

Customer: replied 1 year ago.

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.

Regards

DM

Expert:  Nicola-mod replied 1 year ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Buachaill replied 1 year ago.
1. Dear D. Mobley, the simple answer is that Yes, you do have the right to use this entrance and the neighbour cannot prevent or stop you using it. In law, it would have been preferable if you had used it for 40 years, but after 20 years, a neighbour cannot stop you from using this entrance. Be aware additionally, that if it ever came to a fight, the court would not leave your land "landlocked" so an easement of necessity allowing you to access the land would be created. So ultimately, you are safe to buy the land and rely upon the 20 years user of the entrance.
Buachaill, Barrister
Category: Law
Satisfied Customers: 10623
Experience: Barrister 17 years experience
Buachaill and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.

THANK YOU


Customer/p>
Expert:  Buachaill replied 1 year ago.
2. You are welcome.