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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 31300
Experience:  Over 5 years in practice
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We would like to record a historical right of way which has

Customer Question

We would like to record a historical right of way which has has been used over 21 years on an unregistered piece of land..on our deed. How do we go about it and how much will it cost.. Thanks Kavi
Submitted: 1 year ago.
Category: Law
Expert:  F E Smith replied 1 year ago.
Could you explain your situation a little more please?
Customer: replied 1 year ago.
My insurance solicitor ( Barclays bank) had to stop my neighbour blocking us from using a historical private right of wAy. We have been using it, but they are threatening to block it again. The point is when we sell the property we would be able to have a piece of document to show that it is a right of way .
Expert:  F E Smith replied 1 year ago.
I really need a bit more detail about what you are calling a historical right-of-way. Do you mean that you have been exercising the right of access over the neighbour’s land and have been doing so for over 20 years?In that 20 years has the neighbour ever objected?Have you ever been given consent to use it during that time or have you just done it?Is the 20 years all within your period of occupation or is it also in respect of any previous occupier of your property?
Customer: replied 1 year ago.
Hi the right of way is along a piece of unregistered land leading to 3 cottages.. Which has Been used by occupiers of our property before us..
Customer: replied 1 year ago.
We have got written evidence from previous owners of our cottage regarding the right of way to the cottage..
Expert:  F E Smith replied 1 year ago.
You have written evidence from the previous owner of your cottage. Is that evidence of use for a particular period of time or evidence that they had consent?During the 20 year period, has the land owner objected?Has consent to use the right-of-way ever been agreed to?
Customer: replied 1 year ago.
Still waiting for a reply to my last response to you. Thanks kavi
Customer: replied 1 year ago.
The land is unregistered, the land owner is unknown to us..
Customer: replied 1 year ago.
The person who has tried to stop us do not own the land..