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Ash
Ash, Solicitor
Category: Property Law
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Experience:  Solicitor with 5+ years experience
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How does one register with a court a right of access 'easement'

Resolved Question:

How does one register with a court a right of access 'easement' ? I presume you send evidence to the county court.
Submitted: 1 year ago.
Category: Property Law
Expert:  Aston Lawyer replied 1 year ago.
Hi,Thanks for your enquiry.Could you please give me a little more info- what easement are you wishing to claim? If it is a right of way for example, how long have you used it?I look forward to hearing from you.Al
Customer: replied 1 year ago.
I have a property that was next to agricultural land. I have owned it for 34 years and have used the land adjacent to carry out routine jobs on the house and boundry fence such as hedge clipping, roof repairs etc all without challenge or express permission throughout that time. Last year a house was built next to my house and recently we required to put a ladder on the adjacent land to effect repairs to roor damage. We asked permission from the house owner who refused. I realise I could go to court under right of reasonable access but I think I have established an easment by prescription because of my use of the land over the past 34 years. If this is the case I want to register it so that I can continue to access this land to carry out repairs etc without the need to go to court each time my neighbour refuses me reasonable access.
Expert:  Nicola-mod replied 1 year ago.
Hello,
It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.
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Customer: replied 1 year ago.
This is not urgent but I would still like an answer to what I think is a fairly simple question.
Peter
Expert:  Nicola-mod replied 1 year ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Nicola-mod replied 1 year ago.
Hello,
I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?
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Customer: replied 1 year ago.
I would like an answer, I feel this is a routine matter for a lawyer! I have paid a fee for this answer.
Peter
Expert:  Nicola-mod replied 1 year ago.
Hello,
We will continue to look for a Professional to assist you. We do offer a full refund if you are not satisfied so you will not be out of pocket.
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Expert:  Nicola-mod replied 1 year ago.
Hello,
Please understand it is rare for us not to be able to find the right Professional to assist our customers. We can close this question and return your good faith deposit to the original funding source on request.
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Customer: replied 1 year ago.
I await your answer. I find it hard to understand your inability to answer my saimple question on proceedure.
Peter
Expert:  Nicola-mod replied 1 year ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.Why do you need to register an easement at Court please?Alex
Customer: replied 1 year ago.
Thank you Alex. If you read my original letter I put my case. We have aquired new neighbours who have refused access to their land adjacent to my house to carry out repairs. I think this is their long term attitude and rather than have to apply to court each time acess isw required if I can establish and easement it will be permanent.
Peter
Expert:  Ash replied 1 year ago.
Ok - you need to seek a Court order Peter.You need to complete form N208:http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n208-eng.pdfThe court will list the matter for a hearing and decide whether to grant a 'declaration' that there is an easement. If the Court does then this potentially can be lodged as an official document at the Land Registry.Can I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.
Dear Alex,
Thank you for your response. It would seem that my next move is to find a local barrister familiar with property law and also the local county court. Any ideas on how to do this?
Peter
Expert:  Ash replied 1 year ago.
Yes Peter I would do that. You can search here http://solicitors.lawsociety.org.ukCan I clarify anything else for you?Alex
Customer: replied 1 year ago.
No I think that covers my question.
Thamk you
Peter
Expert:  Ash replied 1 year ago.
If I could invite you to rate my answer before you go today please, otherwise the site does not credit me for the time spent with you today. Thanks and good luck. Alex
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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