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Question about a right of way, can anyone help?

(5 Posts)
Satine Sat 14-May-05 14:34:44

Is it true that if a pathway has been used for a particular length of time it can be made into a legal right of way? The path to our allotments (i know, I know) uses a small section of private road and the residents are saying we have to cease using it, although it's been used for many years. Does anyone have any experience of this kind of thing?

Rainbow Sat 14-May-05 14:56:24

No expewrience but check with the council they should be able to help.

Kaz33 Sat 14-May-05 16:02:32

Yes it is true - there is something called a prescriptive easement. You will need to speak to a solicitor as this area of law is very complicated.

Get as much info as you can before speaking to him ie: how long has this been used as a route to the allotments, is there anything in writing, there might be something in the deeds ( the title to the allotments might include a right of way over this road - who owns the allotments ? is it the council ( if so speak to them ))

All a bit disjointed, but the place to start is with the owner of the allotments and checking the deeds to see if there is any info/right of way granted with them. Next stop would be with the solicitors.

Satine Sat 14-May-05 16:17:12

Thanks so much, kaz33. Knowing what it's called gives us a place to start from and I'm really pleased that it's not totally without precedent. I appreciate your help!

starlover Sat 14-May-05 16:20:08

don't know if this helps at all
here

try putting prescriptive easement right of way into google!

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