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 LondonlawyerJ Your Own Question
LondonlawyerJ, Solicitor
Category: Property Law
Satisfied Customers: 823
Experience:  Experienced solicitor
Type Your Property Law Question Here...
LondonlawyerJ is online now

I have just purchased an old mid terrace cottage in a small

This answer was rated:

I have just purchased an old mid terrace cottage in a small village. I have identified 3 previous owners who accessed my (their former) rear garden on foot & with vehicles over a track from the highway at the front of the terrace over the land of the neighbouring end terrace house.
The former owners of my house are prepared to state that this access was used unhindered for more than 60 year & probably for much longer, eg since the cottages were built 200 years ago.
Unfortunately the registered title deed of both my cottage & those of the neighbour , are silent as to any right of way. Can I claim a prescriptive right of way? Land registry forms appear to require a claimant to be a current owner who has enjoyed the access for more than 20 year which clearly I have not. Can I make a claim on the historical evidence that previous owners are prepared to swear as are several long standing members of the Village
Hello, I am a solicitor with 20 years experience. I will try to answer your question.
Yes you can rely on the use of the right of way by the previous owners.
If you want to claim a right of way by prescription then you need to prove not only that the RoW has been used for long enough but also that it was used as of right (ie without permission, without being objected and without being paid for).
Customer: replied 2 years ago.
What form of evidence should I request of the former owners of my house?
Customer: replied 2 years ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
For now, just get a letter from them setting out what they know about this right of way and how they used it and what, if anything they know about the previous owner.
LondonlawyerJ and other Property Law Specialists are ready to help you