Never had a fence, but now want one

Re: Never had a fence, but now want one

Postby ukmicky » Wed Aug 27, 2014 11:43 pm

Yes, the RoW has been used since probably the 1950s


The prescription Act 1832 introduced two new forms of easement based on 20 and 40 years of use.

After 20 years of continuous use a right could be claimed and if prescribed a legal fiction is created treating it as if it was expressly granted. An easement claim on 20 years of use is however capable of being challenged even after it has been prescribed. .

After 40 years of continuous use the right is said to be absolute, it can not be rebutted.
Advice given is not legally qualified and you are advised to gain a professional opinion
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Re: Never had a fence, but now want one

Postby jdfi » Wed Sep 03, 2014 8:45 am

When did sister 1 sell to her purchaser? We'll assume this is your house.

When did sister 2 sell to her purchaser? We'll assume this is the 5 person HMO.

What correspondence do you have from your 2008 exchange?

I'm unclear whether the claimed period is 1973 to 1993 or whether it is 1993 to 2013 - anyone?
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Re: Never had a fence, but now want one

Postby MacadamB53 » Wed Sep 03, 2014 9:13 am

Hi jdfi,

I'm unclear whether the claimed period is 1973 to 1993 or whether it is 1993 to 2013 - anyone?

the entry on the register is 1993 so... ;)

Kind regards, Mac
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Re: Never had a fence, but now want one

Postby jdfi » Wed Sep 03, 2014 9:23 am

MacadamB53 wrote:Hi jdfi,

I'm unclear whether the claimed period is 1973 to 1993 or whether it is 1993 to 2013 - anyone?

the entry on the register is 1993 so... ;)

Kind regards, Mac


Help me out Mac. This is something I haven't come across in my own experience of (small scale) property ownership and lettings.

I genuinely don't know whether 1993 represents the start or the end of the claimed period.
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Re: Never had a fence, but now want one

Postby MacadamB53 » Wed Sep 03, 2014 10:49 am

Hi jdfi,

HMLR added an entry to the register in 1993 - so in 1993 the existence of a ROW was satisfactorily evidenced.
think about it - entries can not be added in advance of what might happen.

Kind regards, Mac
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Re: Never had a fence, but now want one

Postby jdfi » Wed Sep 03, 2014 2:20 pm

MacadamB53 wrote:Hi jdfi,

HMLR added an entry to the register in 1993 - so in 1993 the existence of a ROW was satisfactorily evidenced.
think about it - entries can not be added in advance of what might happen.

Kind regards, Mac


Thank you. I guess I was thinking 'cautions' which sort of do happen in advance.

The question is then, when our OP moved in in early 1993, why was he not made aware of the April 1993 paperwork?
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Re: Never had a fence, but now want one

Postby MacadamB53 » Wed Sep 03, 2014 2:47 pm

Hi jdfi,

the entry is on the other property's register and it's existence only came to light after the OP mentioned fencing off the ROW.

only HMLR will be able to advise the OP of the process they followed, but I suspect it probably had something to do with compelling evidence but just the lack of a deed - plenty of detail in the statements (the predecessors were sisters), the existence of a well-worn path across the properties, it being obvious the front of the dominant property had been walled off for many years - and the fact the OP was not the registered proprietor during the period meant HMLR decided to add it.

Kind regards, Mac
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