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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9032
Experience:  I have been practising for 30 years.
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For how many years must the land requiring a deed of

Resolved Question:

For how many years must the land requiring a deed of easement been used ?
Submitted: 9 months ago.
Category: Law
Customer: replied 9 months ago.
my neighbour is about to sell their property. I have lived in my cottage for 13 years and I have to cross a pice of land {about 6 meters max} belonging to them to access my cottage. This piece of land is a driveway on which I have parked my car for 13 years. This has been no problem but I am advised I need A Deed of Easement...?? My neighbour is 97 and has lived in her property fpr 35-40years.
Customer: replied 9 months ago.
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Expert:  F E Smith replied 9 months ago.

To claim an easement such as a right-of-way under the Prescription Act, the right-of-way must have been used without consent or objection and not in secret for 20 years or more. That 20 years can include your predecessors.

If the neighbour will agree to this right-of-way deed being registered, you don’t have to have used it for any length of time at all.

Someone drafts the deed, you both sign it, it gets registered at the land registry. It’s as simple as that. Any conveyancing solicitor could do that for you.

Can I clarify anything else for you?

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We can still exchange emails.

Best wishes.

FES.

F E Smith, Advocate
Category: Law
Satisfied Customers: 9032
Experience: I have been practising for 30 years.
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Customer: replied 9 months ago.
I have o ly been jere
Customer: replied 9 months ago.
I have only been here 13 yrs . What if my neighbour doesn't agree to it ? Can it be enforced ?

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