How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Thomas Your Own Question
Thomas
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7650
Experience:  UK solicitor holding an England and Wales practising Certificate.
28732269
Type Your Property Law Question Here...
Thomas is online now

We were given permission to build cricket practice nets on a

This answer was rated:

We were given permission to build cricket practice nets on a 3rd parties land in 2013. They now want to knock them down to build flats. They have planning permission to do so. Is there anything we can do to prevent this?

Hi

Thanks for your question.

Was a deed of easement executes formally giving your a legal right to use the nets in perpetuity?

Kind regards

Tom

Customer: replied 1 month ago.
No, sadly not!

Hi

Thanks for your question. I will try to help.

If the nets were erected on someone else’s land and no formal deed of easement or other agreement was executed giving the right to use the cricket nets then you are not in a good position.

This is because you would have effectively been using the nets on licence. Therefore in order to claim a legal easement without already having one granted to you, you would have to claim a right by “prescription”. This is acquisition of a right by long use, but unfortunately you would have to show with detailed evidence that the right has been exercised by owners/occupiers of adjoining land for a period of twenty years.

Given that presumably the right has not been exercised for this length of time you would not be able to claim a right in this way. For this reason there is unfortunately nothing you can do to prevent them from stopping you using them and redeveloping the land.

I am really sorry that I could not have better news for you

My goal is to provide you with a good service. If you feel you have received anything less, please reply back. Please remember to leave positive feedback using the stars at the top of the page.

Kind regards,

Tom

Thomas and other Property Law Specialists are ready to help you