WORDS AS PROMISED
I have now reviewed Land Registry Plans and I have reproduced these below.
I have also taken advice on the same and although I was originally of the opinion that the boundaries were incorrect, I have now concluded that the boundaries shown on the title plan are indeed correct.
However you will be aware that both we and our predecessors have used the area edged in COLOUR jointly for parking and for all uses associated with the adjacent properties for a considerable period of years, probably more than 30 or 40 and possibly since the properties were built.
The occupiers of Haylings have also used the entrance to access the area edged in COLOUR for the same period of time.
If you look at the photograph of the walls adjacent to the entrance, you can see that they are of a considerable age which would support the contention that the entrance has been used for many years, alluded to in the previous paragraph.
Hence, I am of the opinion (and my advice confirms) that notwithstanding any provision (or not) in the title deeds, I am entitled to a prescriptive easement under the provisions of the Prescription Act 1832 in that the use of the area edged in COLOUR and the entrance have been used by me and my predecessors for a period exceeding 20 years and have done so without consent or objection and not in secret.
What I would suggest is that we formalise the Easement by deed and have the benefit and the burden of this registered against the title of both properties. I would be willing to pay the reasonable legal costs and disbursements in respect of doing this which should then draw a line under the matter and facilitate any future dealings of the properties because of course, until such time as this matter is resolved, it would not be possible to sell either property with the dispute extant as it would be discloseable to any buyer.