20 year ROW by presription

20 year ROW by presription

Postby saxondown12 » Fri May 12, 2017 7:22 am

How do you legally formulise a 20 year ROW by prescription ?
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Re: 20 year ROW by presription

Postby MacadamB53 » Fri May 12, 2017 9:30 am

saxondown12 wrote:How do you legally formulise a 20 year ROW by prescription ?
try google
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Re: 20 year ROW by presription

Postby saxondown12 » Thu May 18, 2017 8:54 am

Google is no good
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Re: 20 year ROW by presription

Postby Collaborate » Thu May 18, 2017 8:06 pm

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Re: 20 year ROW by presription

Postby pilman » Fri May 19, 2017 1:25 pm

How do you legally formalise a 20 year ROW by prescription ?
One method is to seek a declaration from a court, which requires legal costs even if you were to conduct your own case.

The other method is to make an application to Land Registry to have the easement recorded as a benefit on one title and a burden on another title if that servient land is registered.

There is also a different procedure if the servient land remains unregistered.

For registered land there will be a Notice served by Land Registry to the proprietor of the registered title claimed to be the servient land.

If no objection is made by the owner of the servient land claimed to be burdened by such an easement then Land Registry are able to record the easement, as long as sufficient evidence was provided to prove such an easement had come into existence.

An objection following such a notice, which is not then withdrawn, will mean that Land Registry will refer the matter to the First-tier Tribunal (Property Chamber) for a decision to be made by that tribunal.

That will normally involve a formal hearing much like a court case where evidence is presented and witnesses can be cross examined. That can often mean legal representation is required and then costs can be awarded to the winning party by the judge following a hearing.

After such a hearing the judge will issue an order to Land Registry to either complete the application or refuse the application.

When an application to register a prescriptive easement over unregistered land is made, it may not be possible for Land Registry to identify the legal owner, so that no notice about the application is given to anyone.

Then if Land Registry accept the facts presented in support of the application, an entry will be made on the register of the applicant's title that an application had been made for a prescriptive easement over land that remained unregistered.

That is all that Land Registry can do because there has not been an opportunity for the owner of the servient land to defend such a claim. At any time in the future an owner of the unregistered land could come forward to dispute the claim that a prescriptive easement had been in existence for the 20 year period required.

As an example there may be a lease on the unregistered land, which would mean that the freeholder was not aware of any attempt to create a prescriptive easement over the tenanted land.
When that lease ends that is when the legal owner of the freehold could prove that no such easement burdened the freehold estate in that land.

That in summary is the answer to the original question.
Apply to court, or apply to Land Registry.

Witness statements for court, or statements of truth for Land Registry are normally the method used to prove any such claim.
Use without force, secrecy or permission has to be proven for a continuous period of at least 20 years.

It really is that simple.
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