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Thomas
Thomas, Solicitor
Category: Property Law
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Experience:  UK solicitor holding an England and Wales practising Certificate.
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On our deeds We have only pedestrian right of way in front

Resolved Question:

On our deeds We have only pedestrian right of way in front of our neighbours property to get tour our house. We have lived here 15 years and have always driven our cars around in front of our neighbours property to get onto our garden. We are the process of putting our house on the market and wanted to check if we can claim vehicular access because we know it has been used while we have lived here and for 20 years before us by the previous owners. Or is pedestrian access still all we have?
Submitted: 2 years ago.
Category: Property Law
Expert:  Thomas replied 2 years ago.

Hi

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

The only way that you would be able to claim a legal right of vehicular access is to claim a right of easement by prescription. 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.

The difficulty is that for a buyer’s solicitor to accept it as legally binding they would require that the right is claimed and then registered against the legal titles for both your land and the land in question. This means that you would have to make an application to register the easement to the land registry.

You would also need to have statutory declarations from the previous owners who also used is for vehicular access for a further 5 years to take it up to 20 years.

Basically, because of this it’s going to be pretty unlikely to get it sorted if you get a buyer quickly.

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
Customer: replied 2 years ago.

Hi, Ok thanks. So if I registered it can the neighbour object and stop it form being changed?

Expert:  Thomas replied 2 years ago.
Hi,

You would make the application and the neighbour would receive notice of the application and be asked if they objected.

If they objected then they would be at liberty to defend the application by challenging the evidence that you produce and the application would be determined on the basis of the interpretation of the evidence.

Kind regards,

Tom
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7590
Experience: UK solicitor holding an England and Wales practising Certificate.
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