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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have used areas of land along my property boundary line which are no

Customer Question

I have used areas of land along my property boundary line which are not owned by me for the site of a garden shed / coal bunker and rubbish bins since December 1993 when I bought the property.
The previous owners were doing exactly the same, and we have simply carried on - the previous owners left their original shed / bunker, and these were only replaced last year in exactly the same locations. The bins are also being placed in the same locations as the previous owners.
Can I claim "Easements by Prescription" to these areas of land, to prevent the property owner (my neighbour) erecting a "stile" on the same land to gain access to a neighbouring field, and if this is possible what do I need to do.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hell my name is ***** ***** I will help you.Yes - if you have been using this for over 20 years then you have a prescriptive right. This right becomes absolute after 40 years.So yes, you can claim this as an easement by prescription.Can I clarify anything for you about this today please?Alex