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Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10234
Experience:  LLB(HONS) 20 years of experience in dealing with Conveyancing and Property Law
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2 acres of land fenced on all sides with an access gate from

Resolved Question:

2 acres of green land fenced on all sides with an access gate from our property,
We have mowed and kept the FEILD clean for approx 20 years ,this was done with with the permission of the original owner,the owner die about 3 years ago,the land we,we now understand has been passed to the two sons.
The new owners of the field now wish for us to sign a License for the use of the field as they have now just submitted a planning application for houses.
What are our legal rights of use to this land
Submitted: 7 months ago.
Category: Property Law
Expert:  Aston Lawyer replied 7 months ago.

Hi, thanks for your enquiry.

I am afraid that as your use of the field had bee with the express consent of the deceased owner, you have not acquired any legal rights over the land, and all you have is an oral Licence agreement, meaning that you have the right to carry on using the land until the owner (or his next of kin) asks you to stop.

I know it sounds daft, but only if you had been using the land WITHOUT the consent of the owner for a period of 12 years or more would you have acquired any legal right to remain in possession of the land.

Therefore, the deceased owner's sons are within their rights to ask you to stop using the land immediately or suggest a written Licence agreement.

I am sorry this is not the answer you were looking for, but it sets out the legal position.

Kind Regards

Al

Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10234
Experience: LLB(HONS) 20 years of experience in dealing with Conveyancing and Property Law
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