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Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.
Is it registered to you still though?
Sorry is what still registered to me?
Do you mean my email, if so yes
When you say he grabbed it, did he register it?
It is our land. Registered to us. He does not dispute it is our land. He simply claims right of way over the land. He simply trampled over our hedge with a tractor, we have images. He used a splay which I allowed him to use to deliver materials for an extension he was building, but he only moved in in 2011. He now claims that this was a historic right of way developed by his family. He bought the property from his aunt. But that splay did not exist when we moved in twenty years ago and the son and daughter of the man who owned the properties originally say there never was an historic right of way. The solicitors are based in Chancery Lane and since my neighbour has no money we believe they are in fact the lawyers for the property developer who wants to buy the land
How long has he had use of this right for? Since 2011?
Yes. But he claims that his family always had use of it
But no-one had access previously?
Does he have any evidence of this?
It is not entirely clear to me when the splay was cut. He has a google earth picture from 2009 which shows the splay, but it was definitely square for most of the time we have lived here.
Ok - well do not be bullied - if he brings a claim then he will have to show 20 years access.
In any event a right of way is not absolute untiil after 40 years.
In any event it would not be a High Court action - it would only be County Court
Thank you. Should I go to a solicitor though to get a proper letter written?
Yes I would do that. It may cost you £200 but be worth it.
Can I clarify anything else?
Please do remember to leave feedback before you go today
Yes. He says he will take out a formal application to the Land Registry to register a prescriptive easement and that any resistence will be groundless. What is that and can they do that without any input from us?
They can try and register it, but he needs proof.
OK thank you. That is all. Thank you very much for being so helpful
It has been a bit of a panic since I got home and opened the letter!
Yes I can imagine.
Can I help further?
No thank you
Great, please do remember to leave feedback before you go today
I will do