Itchycoopark
Registered User
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If a prescriptive easement is not registered and then not used for a 13 year period does the easment extinguish?
My neighbour is a commercial building. I belive it may have previously had a claim for a prescribed easement over my property even tho it was not registered. However the building was closed for a 13 year period and could not have used this easement for a 13 year period. However very recently it has reopened and started to use the easement again after a 13 years. Can I successfully deny any attempt by the owners to get this easement registered because of the 13 year non use of the easement?
I am with a solicitor and we are getting an SC opinion but would like to hear if anybody knows of any cases were easements have or have not been successfully extinguished.
My neighbour is a commercial building. I belive it may have previously had a claim for a prescribed easement over my property even tho it was not registered. However the building was closed for a 13 year period and could not have used this easement for a 13 year period. However very recently it has reopened and started to use the easement again after a 13 years. Can I successfully deny any attempt by the owners to get this easement registered because of the 13 year non use of the easement?
I am with a solicitor and we are getting an SC opinion but would like to hear if anybody knows of any cases were easements have or have not been successfully extinguished.
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