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Hello. Thank you for the question. It is my pleasure to assist you with this today.
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Please give me all the background otherwise i cannot give you a answer - thanks
There is clearly some background to the correspondence.
It’s not apparent from the correspondence exactly what the problem is. So could you explain exactly who is claiming what and what the problem is please? Thank you.
Just because there is no right of way or easement in land registry deeds doesn’t mean there isn’t one because it’s possible to enquire right-of-way or easement to use adjoining land through long use under the Prescription Act.
So if a person has enjoyed a right-of-way or some other kind of use over adjoining property without consent and without objection not in secret and has done so for more than 20 years (previous owners periods of use are added into the equation-so it doesn’t have to be just one owner/user) then the person wishing to claim the right can do so under the Prescription Act.
The onus is on the person wishing to make the claim, to prove that they have done whatever it is without consent and without objection and not in secret and have done so for more than 20 years.
Thank you for letting me assist you with your legal question. I am glad that I was able to help.
I am not certain whether that answers the question for you or not, but I am happy to answer any specific points arising from this.
It will be my pleasure to help you again either further with this or any future questions you have