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LondonlawyerJ
LondonlawyerJ, Solicitor
Category: Property Law
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Experience:  Experienced solicitor
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Can putting a gate on a boundary with a neighbour give a right

Resolved Question:

Can putting a gate on a boundary with a neighbour give a right of way in the future.
Both properties have a number of acres. The gate leads from our property through
their property to the main road. It is the old secondary entrance to our property
but was claimed by the(previous) neighbours as it wasn't on our deeds. Their claim is about 15 years old.
Submitted: 2 years ago.
Category: Property Law
Expert:  LondonlawyerJ replied 2 years ago.
Hello I am a solicitor with 20 years experience. I will try to answer this for you.
If there is no right of way in writing then it may be possible to gain one through prescription. This requires that there has been 20 years continuous use as if it was a right (ie without permission payment or threat). I don't think installing the gate is the key thing here it is the continuous use as of right.
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