In normal circumstances if you had used the land for 20 years plus,
nec vi, nec clam, nec precario (not in secret without consent and without
permission) you would acquire the right to do that by prescription.
The same applies to adverse possession but for adverse possession you
don't have to just use it, but treated as your own and be able to exclude
others ( which is not the case here) for 10 years. So we are faced with a
However, the land was owned by the Crown until 2012, and you
cannot acquire a prescriptive easement over Crown property, nor can you
adversely possess it, because walking on or occupying Crown property is
trespass in all cases and you cannot acquire any rights through performing an
illegal act nor, will courts enforce an illegal act. On these circumstances,
therefore I'm sorry to have to tell you that it does not matter how long you have
used the land if your use was against the Crown.
I'm of the opinion therefore that you are faced with biting the
bullet and buying the right of way.
I'm sorry, I appreciate that this is not the answer you wanted,
but there is no point in me misleading you.
I help further?
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on the news that it is Christmas Eve!
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The thread remains open. Thanks