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tdlawyer
tdlawyer, Lawyer
Category: Property Law
Satisfied Customers: 1096
Experience:  Lawyer with 9 years experience of advising on property issues.
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WE own a farm and a person has recently bought a neighboring

Resolved Question:

WE own a farm and a person has recently bought a neighboring farm and is now trying to claim a prescriptive right of way through our farm. His predecessor only had a small car and small tractor but very rare did he travel through our farm. If he were to win a prescriptive right of way what vehicles would he be entitled to use and how often?
Submitted: 3 years ago.
Category: Property Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hello, welcome to the website. My name isXXXXX can assist you with this.

Customer:

Thanks

tdlawyer :

How long had his predecessor used the tractor to pass over your land to get to his?

Customer:

We gave him permission in 2000 to travel but it appears now that he had used it prior to that without permission or consent since 1991. He then died in 2010 the farm was then sold in 2012 and the new owner is now trying to get a right of way by prescriptive right

tdlawyer :

He can't acquire a right by prescription then. You can't count a period where permission has been given. He would need to have used it without permission for at least 20 years.

Customer:

ok then so if they are unable to provide any proof prior to 1980 then because then that would be 20 years he would not be granted a prescriptive right of way

tdlawyer :

That's correct - yes.

Customer:

Thats great - but if he were to get it what would he be entitled to use on the right of way?

tdlawyer :

If he could establish use, then possibly, yes. Although the period of later permission seems to go against it being a prescriptive easement - he wouldn't need permission.

Customer:

So although his predecessor only had a small car and small tractor would he then be able to use it for lorries etc we were told he could only use it for the same as the predecessor

tdlawyer :

No, it would only ever be an easement for the thing used for - i.e. agricultural use with tractors.

Customer:

Well thank you very much you have helped clear things up in my head. Thank you

tdlawyer :

You're welcome. Thank you!

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