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Thomas
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7602
Experience:  UK solicitor holding an England and Wales practising Certificate.
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I moved into my property in 1982. To the rear of my property

Resolved Question:

I moved into my property in 1982. To the rear of my property is a 15 Acre field. The owner of the field at that time Oliver Weaver encouraged me and my neighbours to use the field and indicated that he wished to leave the field to the village. I have been walking my dog once or twice a day around the field since 1982 with the full now ledge and permission of the owner and in fact when he replaced the fencing he put a gate in for me to enter the field from my garden. Mr Weaver has now passed away and the field has been passed to his children who have now put it up for sale.
Have I established a Right Of Way over this field?
Submitted: 1 year ago.
Category: Property Law
Expert:  Thomas replied 1 year ago.

Hi,

Has your walking over this land been evidenced in any way?

Tom

Customer: replied 1 year ago.
Family and neighbours.
Expert:  Thomas replied 1 year ago.

Thanks. Drafting your answer now. 5 mins please,,

Expert:  Thomas replied 1 year ago.

Hi

Thank you for your question and patience, I’m Tom and I’ll try to help you.

In order to acquire a right access (easement over the land by long use a person(s) must have been using the access for a continuous period of 20 years. If they have then the legal easement shall have been acquired by prescription providing that you can prove the use.

If you have been using the land to walk your dog for 20 years or more then you may be able to register this as a right of way in favour of your property at land registry but you will have to prepare your statements and probably instruct a solicitor to make the application for you.

You should see a solicitor about making an application to have the right registered against the registered title of the land so that if the property were to be sold then the new buyer would have notice that the right is exercisable over the land and therefore avoid future disputes.

You will have to execute statutory declarations confirming the length of time you have been accessing the land from your property and also try and root out any photos perhaps that you may have showing you walking the land.

It’s not quite as straightforward as “you have used the land for 20 years, therefore you have an easement” and the relative lack of evidence is not particularly helpful but it is worth investigating.

My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.

Kind regards,

Tom

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