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.