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Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7691
Experience:  UK solicitor holding an England and Wales practising Certificate.
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We were given permission to build cricket practice nets on a

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We were given permission to build cricket practice nets on a 3rd parties land in 2013. They now want to knock them down to build flats. They have planning permission to do so. Is there anything we can do to prevent this?


Thanks for your question.

Was a deed of easement executes formally giving your a legal right to use the nets in perpetuity?

Kind regards


Customer: replied 4 months ago.
No, sadly not!


Thanks for your question. I will try to help.

If the nets were erected on someone else’s land and no formal deed of easement or other agreement was executed giving the right to use the cricket nets then you are not in a good position.

This is because you would have effectively been using the nets on licence. Therefore in order to claim a legal easement without already having one granted to you, you would have to claim a right by “prescription”. This is acquisition of a right by long use, but unfortunately you would have to show with detailed evidence that the right has been exercised by owners/occupiers of adjoining land for a period of twenty years.

Given that presumably the right has not been exercised for this length of time you would not be able to claim a right in this way. For this reason there is unfortunately nothing you can do to prevent them from stopping you using them and redeveloping the land.

I am really sorry that I could not have better news for you

My goal is to provide you with a good service. If you feel you have received anything less, please reply back. Please remember to leave positive feedback using the stars at the top of the page.

Kind regards,


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