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LondonlawyerJ
LondonlawyerJ, Solicitor
Category: Property Law
Satisfied Customers: 814
Experience:  Experienced solicitor
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I have just purchased an old mid terrace cottage in a small

Resolved Question:

I have just purchased an old mid terrace cottage in a small village. I have identified 3 previous owners who accessed my (their former) rear garden on foot & with vehicles over a track from the highway at the front of the terrace over the land of the neighbouring end terrace house.
The former owners of my house are prepared to state that this access was used unhindered for more than 60 year & probably for much longer, eg since the cottages were built 200 years ago.
Unfortunately the registered title deed of both my cottage & those of the neighbour , are silent as to any right of way. Can I claim a prescriptive right of way? Land registry forms appear to require a claimant to be a current owner who has enjoyed the access for more than 20 year which clearly I have not. Can I make a claim on the historical evidence that previous owners are prepared to swear as are several long standing members of the Village
Submitted: 1 year ago.
Category: Property Law
Expert:  LondonlawyerJ replied 1 year ago.
Hello, I am a solicitor with 20 years experience. I will try to answer your question.
Yes you can rely on the use of the right of way by the previous owners.
If you want to claim a right of way by prescription then you need to prove not only that the RoW has been used for long enough but also that it was used as of right (ie without permission, without being objected and without being paid for).
Customer: replied 1 year ago.
What form of evidence should I request of the former owners of my house?
Customer: replied 1 year ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  LondonlawyerJ replied 1 year ago.
For now, just get a letter from them setting out what they know about this right of way and how they used it and what, if anything they know about the previous owner.
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