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Does anyone know about claiming an easement due to 20 years continuous use?

(7 Posts)
Sunnymeg Tue 30-Apr-13 14:24:39

Do they belong to the property or to an individual? MIL's Neighbours are on about having a right to access a path on a corner of her land because they have had access to for 20 years. PIL complained to them but they kept walking over the land because it meant they didn't have to walk so far from garage to their house. They are claiming an easement because of this, but haven't registered it with Land Registry. They are in council house, but MIL has private property. Can they claim an easement if they are tenants? I think they are trying to intimidate MIL since FIL died, so would welcome advice.

Thanks

digerd Tue 30-Apr-13 17:08:32

Can she not fence it off or with some other means make it impossible for them use her property?

They as tenants can't register anything with the Land Registry as the land/property belongs to the landlord, not them.
They are trying it on.

prh47bridge Tue 30-Apr-13 18:00:04

If they knew that your PIL objected to them walking across their land they cannot claim an easement on the basis of 20 years usage.

iheartdusty Wed 01-May-13 19:43:20

<<very rusty memories>>

An easement is an 'add-on' to land ownership, ie you have to own a bit of land and the easement connects to it across the neighbour's land. So tenants can't have them anyway.

I agree, MIL should put a fence up.

digerd Thu 02-May-13 07:43:34

They are cheeky blighters, as my dad would have said.
They have no rights of access to your MIL's land.

Sunnymeg Thu 02-May-13 07:46:56

Thanks for your help everyone.

LandRegistryRep Thu 02-May-13 12:23:11

We provide an online Practice Guide which deals with easements claimed by prescription www.landregistry.gov.uk/professional/guides/practice-guide-52#guide-mark-5
Whilst it covers a number of issues, some of which might be more pertinent to your neighbour, and aimed at conveyancers it may be of interest to you. Section 2 especially explains how such rights can be acquired.

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