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propertylawyer
propertylawyer, Solicitor
Category: Property Law
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Experience:  Property solicitor with expertise in commercial and residential property transactions.
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If you have a right of entry to your property over the land

Resolved Question:

If you have a right of entry to your property over the land claimed by a new owner of a new build bungalow can they make the rules of entry over how they think fit.
Submitted: 8 months ago.
Category: Property Law
Expert:  Aston Lawyer replied 8 months ago.

Hi, could you confirm hat you have a documented right of way over the neighbouring land, in your Deeds?

Kind Regards

Al

Expert:  propertylawyer replied 8 months ago.

Hi

Is your right set out in the deeds or is your right claimed by usage over a 20 year period?

If it is in the deeds, do you have a copy. I can review?

Customer: replied 8 months ago.
It appears that there is a somewhat grey area when my daughter purchased the property,all previous owners have taken it as a right. It has been used for more than twenty years.I intend to contact the Kings Lynn borough council planning department this morning to clarify the position of the new resident of the new build bungalow on the land on which the access is still in use:this might take a couple of days.Is there a cut off time with this request please.
Thank you. John
Expert:  propertylawyer replied 8 months ago.

Are you asking how long you question will remain open? It will time out after a certain time but I am not sure how long.

I can say that because you have been exercising this right for over 20 years you have acquired what is known as a prescriptive right. This is a valid and legal right as if the right was formally stated on your deeds.

You (and others who also exercise this right, previous owner, neighbours) should contact a local solicitor to prepare a statutory declaration setting out what you have done and the length of time you have done it so that the new neighbour cannot deny or obstruct the right.

propertylawyer, Solicitor
Category: Property Law
Satisfied Customers: 270
Experience: Property solicitor with expertise in commercial and residential property transactions.
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