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Remus2004, Barrister
Category: Property Law
Satisfied Customers: 2456
Experience:  Over 5 years in practice.
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My neighbour is pursuing an easement by prescription

Customer Question

My neighbour is pursuing an easement by prescription allowing him to park on my property. He purchased the property in September 2015 but was renting the property for 25 years before that.Like with Adverse Possession, easements obtained by tenants are for the benefit of their landlord. With Adverse Possession though any rights obtained must be transferred from the landlord at the time the lease ended to successors in title with the conveyance of the property (Adams v Batt). Is it the same with easements? Their property was first registered in 2000, transferred to them in 2015 and makes no mention of a right to park.
Submitted: 1 year ago.
Category: Property Law
Expert:  propertylawyer replied 1 year ago.


Thanks for your question. I will take a look into this and come back to you asap.

Customer: replied 1 year ago.
Hi. Any thoughts on this? Thanks.
Expert:  propertylawyer replied 1 year ago.

I am still checking this. Tomorrow I need to check a book I have in the office.

Customer: replied 1 year ago.
Ok thanks
Customer: replied 1 year ago.
I must have asked a good question!
Customer: replied 1 year ago.
Hi. Will you have an answer or should I get a refund?