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Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10490
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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Afternoon, Could you advise if a prescriptive easment runs

Customer Question

Afternoon,
Could you advise if a prescriptive easment runs with the land or if it is only for the benefit person who created it? My example is Person X has used a private road belonging to Person Y to gain access to land rented from Person Z. I have now bought the land from Person Z but Person Y says I have no right of access to it. I believe that Person X created a prescriptive easement by his continued use and access to the land over a period of 25 years. Thanks, Andrew
Submitted: 1 year ago.
Category: Property Law
Expert:  Aston Lawyer replied 1 year ago.

Hi Andrew,

A prescriptive easement does indeed "run with the land", so if such an easement has evolved, it benefit Z's land, which is now in your ownership.

The practical problem is proving to Y that this easement exists- ideally, you should have obtained a statutory declaration from X confirming his uninterrupted use of the private road for 20 years, or even better still, an application should have been lodged with the Land Registry claiming this prescriptive right.

I hope this assists and sets out the legal position.

Kind Regards

Al

Expert:  Aston Lawyer replied 1 year ago.

Hi,

Can I assist you any further?

Kind Regards

Al

Expert:  Aston Lawyer replied 1 year ago.

Hi, Can I help any further? If not, I would be grateful if you could rate my answer, so I can get credited for helping you. Best Wishes Al

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