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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 2447
Experience:  Over 5 years in practice.
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My neighbour is pursuing an easement by prescription

Customer Question

My neighbour is pursuing an easement by prescription allowing him to park on my property. He purchased the property in September 2015 but was renting the property for 25 years before that.Like with Adverse Possession, easements obtained by tenants are for the benefit of their landlord. With Adverse Possession though any rights obtained must be transferred from the landlord at the time the lease ended to successors in title with the conveyance of the property (Adams v Batt). Is it the same with easements? Their property was first registered in 2000, transferred to them in 2015 and makes no mention of a right to park.
Submitted: 11 months ago.
Category: Property Law
Expert:  propertylawyer replied 11 months ago.

Hi

Thanks for your question. I will take a look into this and come back to you asap.

Customer: replied 11 months ago.
Hi. Any thoughts on this? Thanks.
Expert:  propertylawyer replied 11 months ago.

I am still checking this. Tomorrow I need to check a book I have in the office.

Customer: replied 11 months ago.
Ok thanks
Customer: replied 11 months ago.
I must have asked a good question!
Customer: replied 11 months ago.
Hi. Will you have an answer or should I get a refund?