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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10527
Experience:  Barrister 17 years experience
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I am looking to purchase some land which has access to it over

Resolved Question:

I am looking to purchase some land which has access to it over another persons land. This is covered in the deeds.
The issue is that the landowner is denying access as they say that the access hasn't been used for so long it's lapsed.
Is this possible?
If yes what is the length of time required for this to happen?
There is a public footpath to the land so I can get to it but not in a vehicle
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.
1. Dear Clive, there is no such thing as losing a right of way through lapse of time. Instead there is the concept of abandonment of a right of way. However, this requires some evidence of a positive intention to abandon the right of way. Mere lapse of time is not, of itself, sufficient to give rise to abandonment. A positive intention to abandon the right of way would be shown by blocking it off, such as by building a wall which prevented its use. Some assertion of a positive intention to abandon it must be shown. Just letting time go bye is not sufficient, as is the case here. Additionally, such lapse of time must be of a minimum of 20 years going bye. Most courts look for 30-40 years. However, there must be the additional element of showing an intention to abandon the right of way. Here the landowner has not shown that there was a positive intention to stop using the right of way, such as by blocking it off.
Expert:  Buachaill replied 1 year ago.
2. My own view is that the landowner is simply seeking a payment for the right of way. This is because he doesn't have a good case in law to show abandonment. So some facilitation payment is being sought in the guise of preventing you use the right of way.
Expert:  Buachaill replied 1 year ago.
3. Please Rate the Answer as unless you Rate the Answer your Expert receives no payment for answering your Question.
Customer: replied 1 year ago.
Can you check out the deeds to make sure I have understood them correctly. The are missing pieces but the one plan I've seen through the estate agent does show a right of way.
Expert:  Buachaill replied 1 year ago.
4. Firstly, the entry at No.3 on the Property Register clearly sets out a right of way coloured brown on the Title folio. this was last conveyed in 1990. As such it is too recent for the e doctrine of abandonment to apply. 26 years is at the very beginning of the time period when abandonment would apply. As such it cannot really have been abandoned. I would advise you to get a solicitor to take up the deeds yourself and check these things out thoroughly before you buy. Don't rely upon the plan from the estate agent.
Customer: replied 1 year ago.
one last one as the right of access does not mention a means of access e.g. foot, horse, vehicle would this me a point of issue.
Expert:  Buachaill replied 1 year ago.
5. A right of way which does not mention the means of passage, eg foot horse or vehicle, is good for all purposes. Accordingly, you can take a tractor or 4 x 4 or other vehicle along this right of way. YOu are not limited to walking on the right of way
Customer: replied 1 year ago.
thank you that's exactly what I wanted to know. I'll also not be cheap and mark you down so I don't need to pay
Expert:  Buachaill replied 1 year ago.
6. Please Rate the Answer.
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