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INC Law
INC Law, Solicitor-Advocate
Category: Traffic Law
Satisfied Customers: 14301
Experience:  LL.B, LPC, LL.M, Pg.Dip, Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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Property law. We are buying an unregistered property which

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Property law. We are buying an unregistered property which has access by foot/vehicle rights (in deeds). The land outside of the property over which rights pertain is owned by our prospective next door neighbour. Since 1984 (at least) there has been continuous access to/egress from the 'for sale' property with a car being parked at the very end of this access directly outside this property. A car has to park outside as there is no space within the property boundary.
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: Our solicitor is merely looking at the conveyancing but we wish to have a more legal opinion upon our "prescriptive rights".
JA: Have you talked to a lawyer about this?
Customer: Only our solicitor
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Yes. The land in question was previously "common land" and was bought by the previous occupants of next door in 1997. As common land it was given to residents to park/have access to their properties probably dating back to the 1930's but certainly in 1984 when the property we are buying was purchased by the current owners. In addition the now next door neighbour owns a large parcel of land which he can park several cars on and is unable to use this small far corner as we have right of access.

Hi,

Thank you for your query. What exactly is your question in relation to this?

Customer: replied 1 month ago.
We wish to purchase this property and register it with parking as a prescriptive right and we ideally want to know if we are likely to succeed given situation?
Customer: replied 1 month ago.
I'm in an open office environment so difficult to call.

Hi,

Please ignore the call request, it is automatic through the site

Hi,

There is a possibility that you would be able to register the prescriptive right, however, I would suggest that you have the seller do this as they would be the ones with the required evidence to make the necessary application to HM Land Registry.

The basic principal of prescription is that, if a land owner has exercised a right over his neighbours land, nec vi, nec clam, nec precario “not by force, nor stealth, nor licence” and for a long period of time, the neighbour has effectively lost their right to object to that right and has acquiesced to that right being made lawful. A claim to register a right of way is often made on the basis that a right of way has been continually used for a period of time in excess of 20 years or on the basis (or sometimes fallacy) that the right is the result of a historic grant.

Therefore, the existing seller would be in the best position to register the easement.

I hope this answers your question. If so, kindly rate the answer and provide feedback.

If you have any further questions, please do not hesitate to ask.

many thanks,

 

INC Law and other Traffic Law Specialists are ready to help you
Customer: replied 1 month ago.
Thank you. That's really helpful.

Its a pleasure.

Good Luck!