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Right of Way across land - Prescriptive right?
27-05-2007, 04:31 PM
#1
I have purchased a piece of land 'C', which is accessed over say Land A and land B from the public highway. On the deeds land C has access only over land A and not B. Land A & B are owned by different parties. A gentleman has been using Land C with no permission for over 20 years for storage and has some garages on it and has accessed C over A and B. He has signed a declaration making no claim on C as a squatter and having no legal right to the land. Can anyone recommend the right course of action on how to proceed to get a legal right of way over B. Can I use the gentleman to help get a prescriptive right of way by signing a declaration that he has used the access acoss B for over 20 years?, I am prepared to give him a tenancy at peppercorn rent for part of the land. I have not discussed anything with him yet. The are no other routes across to my piece of land 'C'. The access across A & B is a car width. Would I need engage the services of a solicitor who is a specialist in land litigation? Any views/help appreciated.
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