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wingrovebuyer
wingrovebuyer, Senior Solicitor
Category: Property Law
Satisfied Customers: 737
Experience:  Bachelor of Laws (Honours); PG Diploma in Law; Member of ALA; 9 years' experience
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I have rear access to my land but after 14 years the local

Customer Question

I have rear access to my land but after 14 years the local council says it not on the land documents, the gate was here when I bought the property the access was here for 20 years before I bought the property according to local people who have been here since the estate was built
Submitted: 3 years ago.
Category: Property Law
Expert:  wingrovebuyer replied 3 years ago.
Hello. Can you please explain exactly what access you and have? What is this land (ie common, park land, private land etc)? Do you just have a gate through to this land and what do you do over it (ie access a garage, footpath etc)?
Customer: replied 3 years ago.

It is access to private land over council parking /garage area. private parking in my back garden and access to rear of my property 14 years of use.

Expert:  wingrovebuyer replied 3 years ago.
Ok, thanks - if you use the gate to gain acess over this land to get to the parking area of garage, and you've done so for 14 years and the people before you for 20 years, you might be able to claim a private easement by "prescription". I suggest you Google "prescriptive rights" for details and examples, but in essence where someone has exercised an easement such as a right of access in excess of 20 years (including previous owners) the law will often imply a full legal right has arisen. You will need evidence, basically being a statutory declaration that the use has been for over 20 years (a previous owner or neighbour should do this). You can then apply to Land Registry to note your claimed right on the title to the council land. I suggest you will need a solicitor to help with this. I doubt their fees will exceed £750 plus VAT.
Customer: replied 3 years ago.

can the council stop me applying for the prescriptive rights


or apply for an easement and on what grounds

Expert:  wingrovebuyer replied 3 years ago.
No, they can't stop you applying but they can object if they think they have grounds to. I can't predict what grounds they might have as the devil will be in the detail, hence why I suggest you get a solicitor on board todraft the ddeclaration(s) and make the application.
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