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Thomas
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7617
Experience:  UK solicitor holding an England and Wales practising Certificate.
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Hi i live in a semi detached property of which i own outright.

Resolved Question:

Hi i live in a semi detached property of which i own outright. At the bottom of my garden is an allotment belonging to the Paget estate. For quite some time i have allowed a friend to access this allotment through my property, as it was much easier than walking all the way round to the proper access. We have since fallen out and i have gated the allotment off with a gate on my property, on my land so it cannot be used anymore. Does he have any rights to access? There is no access on my deeds to this allotment through my garden,it has just been goodwill on my part.
Submitted: 3 years ago.
Category: Property Law
Expert:  Thomas replied 3 years ago.

Hi

Thank you for your question and patience, I’m Tom and I’ll try to help you.

In order to acquire a right access (easement over the land by long use a person(s) must have been using the access for a continuous period of 20 years. If they have then the legal easement shall have been acquired by prescription.

Therefore, provided that he has not been using it for 20 years he will not be able to enforce access against you now if he was minded to object to your putting the gate up.

If he does not own the allotment because the estate owns it then it’s highly questionable whether or not he would be able to claim an easement by prescription even if he had used the access for 20 years.



My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.


Kind regards,


Tom
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Customer: replied 3 years ago.

Thank you so much you have put my mind at ease