right of way

[maclarencat]

If someone drives over a piece of my land with my permission for a number of years does it eventually become a right of way for them?

[pauln90]

This article may assist you

ww.telegraph.co.uk/property/propertyadvice/pr
opertyclinic/8568033/Property-advice-Right-of
-way.html

[pauln90]

Above link incomplete try

www.telegraph.co.uk/property/propertyadvice/p
ropertyclinic/8568033/Property-advice-Right-o
f-way.html

[pauln90]

Sorry still doesn't work but the essence of the article states that if your friend was allowed unhindered access for a period of at least 20 years he MAY be able to convince a court that he has "Right of Way"

[Baldric]

http://www.telegraph....ice-Right-of-way.html

[Baldric]

I tried it as well, no luck

[ZebUK]

http://www.telegraph....ice-Right-of-way.html

[buildersmate]

Irrespective of whatever the article may say, the answer is definitely 'no'. A right of way through long use can only ever be created if the use has been made openly, not in secret and without the permission of the landowner.

[The Builder]

Unless BM, the landowner is unknown.

[cathfromsaron]

to prevent this 'habit' we have some 'rights of way' locked for one day per year round here! and there are signs saying so!

cath x

[maclarencat]

Thankyou all for your help I just wanted to confirm what I believed because we are about to stop the neighbour using it and turn it back into garden . There will still be access on foot but not in a car and I can forsee he will not be happy and may try to claim it has been used by him and previous owners over maybe 20 years but it has always been with the owner of this properties pemission. Just so you dont think I am really awful he does have another access he just chooses to use ours and it is becoming a nuisance , also it will increase the value of our house if we reinstate the garden!

[buildersmate]

Fair enough, but you may need to demonstrate what 'permission' you (and/or previous landowners ) have given this individual. Best if you have got a simple letter - nothing fancy or drawn up by a solicitor. Do you have such a piece of documentation?

Below is the reference document issued by the Land Registry that describes in lay-speak how such an application has to be made by someone claiming such a right. Obviously you are looking at it the other way around - ensuring that you take steps to prevent any further access.

http://www.landregist...des/practice-guide-52

If you haven't got enough documentation, in my opinion you'd be far better off killing this issue in TWO STEPS.

Step 1: Have a nice and polite conversation saying that you are happy for the access to continue right now, but you just want to put it onto a proper footing - then give him a letter outlining the access he is allowed.

Step 2: After a decent amount of time (say one year), tell him you now need to withdraw the consent - and do that in writing.

If, after you've invoked Step 1, he is minded to 'go legal' and claim a prescriptive easement, he will do it anyway now if you tell him you don't want him using the access anymore.

However, by doing as I suggest above, you will legally break one of the requirements for claiming a Prescriptive Easement, that the access without permission has been continuous - it cannot be continuous if you have invoked a break of a year putting it under a 'with permission' basis.

I cannot provide you with specific legal advice, so go to a solicitor if you are still unsure that to do. BM

[maclarencat]

Thankyou BM I think we are OK because we only moved here 4 years ago and he moved in 3 months before us. So I think he would have to prove previous owners had used it and they didnt. I know this because I know the lady who lived there before him and she definately didnt use it and she lived there 3 years and before that 2 ladies lived there and both are now deceased. So I really dont think he has a leg to stand on. We have decided to just bite the bullet and tell him what we are planning and hope he accepts it. Although i am guessing he wont! I have checked the deeds and his deeds and there is definately no access there so wish me luck!

[ZebUK]

Best of luck :)

Would love to hear the outcome of this!