Prescriptive Easement
Discussion
Been reading this but not really any the wiser with regards to this question
https://www.gov.uk/government/publications/easemen...
We own some land that serves a number of houses with access from the main road. House builds range from 1950 onwards so not all paperwork is as tidy everyone would like.
Over the last few years as some houses have sold it became apparent that they had no right of access in their deeds. Purchaser solicitors wanted this resolved so wrote to us and we agreed to have the appropriate documents drawn up at the buyers expense. Everyone has been happy
However one resident in the same boat with no documented right of access has thrown us a curve ball. He and his predecessors have used our land as access for may years. Out of the blue we get a letter from his solicitor (talking to us would be a useful first step but he's an arse and has form for trying to throw his weight around the the area with quasie legal threats) stating that he has a prescriptive easement.
Now I suspect from the above link had he applied for one he'd likely get it, however if he has this is the first we have heard of it.
So to my question
Assuming he has applied and got one, should not we as the landowners over who's land it applies have been informed officially? By either the land registry, the courts or something? To follow on what form does the documentation for this take? Is it purely a note on his title deeds or is there a paper trail?
thanks in advance
https://www.gov.uk/government/publications/easemen...
We own some land that serves a number of houses with access from the main road. House builds range from 1950 onwards so not all paperwork is as tidy everyone would like.
Over the last few years as some houses have sold it became apparent that they had no right of access in their deeds. Purchaser solicitors wanted this resolved so wrote to us and we agreed to have the appropriate documents drawn up at the buyers expense. Everyone has been happy
However one resident in the same boat with no documented right of access has thrown us a curve ball. He and his predecessors have used our land as access for may years. Out of the blue we get a letter from his solicitor (talking to us would be a useful first step but he's an arse and has form for trying to throw his weight around the the area with quasie legal threats) stating that he has a prescriptive easement.
Now I suspect from the above link had he applied for one he'd likely get it, however if he has this is the first we have heard of it.
So to my question
Assuming he has applied and got one, should not we as the landowners over who's land it applies have been informed officially? By either the land registry, the courts or something? To follow on what form does the documentation for this take? Is it purely a note on his title deeds or is there a paper trail?
thanks in advance
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