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Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10458
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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I purchased my house via the right to buy act 1981. Prior to

Customer Question

I purchased my house via the right to buy act 1981. Prior to this, in 1963, when it was a Council house, I built a garage at the bottom of my garden. This was inspected by the Council Surveyor, and the rates were increased from "house" to "House and Garage" The only access to my garage has always been over some waste ground. This ground was used for Council garages which were demolished some time ago.
Do I have right of Way over this ground as it is the only way to get to my garage.
Submitted: 2 years ago.
Category: Property Law
Expert:  Aston Lawyer replied 2 years ago.
Hello and thanks for using Just Answer.
I am Al and am happy to assist you with your enquiry.
Under the Right to Buy legislation, any rights a Tenant enjoyed as a Tenant, remain in force upon purchasing the property.
Therefore, as you had been using the access to gain entry to your garage as a Tenant, that right remained after you purchased your property and remains in place today.
Although you can entirely rely on the above, on a side point, if a party uses a right of way unhindered and without formal consent of the owner for a period of 20 years or more, they acquire a right of way in law (called a "prescriptive right").
I hope this helps and answers your question.
Kind Regards
AL
Aston Lawyer and other Property Law Specialists are ready to help you
Customer: replied 2 years ago.

ToCustomer follow up question.

Could this land be used for a temporary travellers site, ?

Expert:  Aston Lawyer replied 2 years ago.
Hi Roger,
Thanks.
Whoever owns the land (I am guessing it is still the Council) have a right to use it for any authorised purpose. However, they have to respect the fact that you (and any other neighbours who may use it as a Right of way)have a legal Right of way to use the land to gain access to your garage.
Kind Regards
AL

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