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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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If my neighbours have right of way over my land will or

Resolved Question:

If my neighbours have right of way over my land will or should it show up on my title deeds?
And if my neighbour has right of way over my land but has fenced it off and is accessing his property from another route, i.e road to the rear, has he legally given up his right of way.
Regards ***** ***** Treserden
Submitted: 1 year ago.
Category: Property Law
Expert:  Ash replied 1 year ago.

Hello Shaun my name is ***** ***** I will help you.

How long do they say they have had access for?
Alex

Customer: replied 1 year ago.
Hi Alex
I have only owned the property for ten months and I don't know how long they have been using the access road.
One property is using it regularly and the other has fenced his access if any for years rather than months.Shaun
Expert:  Ash replied 1 year ago.

Ok - if its not mentioned in the deeds they only have a right if they have used it for 20+ years.

This is because they would have a prescriptive right of way as per the Prescription Act 1832.

But if less than 20 years then no right unless in your deeds.

Can I clarify anything for you about this today please?
Alex

Customer: replied 1 year ago.
When the searches were carried out there was no mention of any neighbours right of way. we have a indemnity insurance in place as no right of way was found for us over a certain piece of land to get to ours.
Do you legally give up your right of way if you fence it off and don't use it?
Expert:  Ash replied 1 year ago.

Sadly not. But if there is nothing mentioned and they don't lose it, you could consider it abandoned. Alex

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