Right of Way

N

ninsaga

Guest
About 15yrs ago we were given permission by a land owner to walk through his property to 'short cut' to our house. The land owner is now deceased & the property is up for sale.

Do we have a right to retain this right of way or 15 yrs to short a timeframe....or is it a matter that irrespective of the length of time that the right of access is lost anyway?

Anyone able to comment on this through own experiences?

ninsaga
 
I've heard one can close a right of way if it hasn't been used for 7 years. Presumably the reverse applies. But can you prove you've enjoyed this right of way for 15 yrs?

Sluice
 
IF you were merely cutting across the land with the landowners permission, it is unlikely that you were making any progress toward establishing a right of way: it is the essence of a right of way that you don't need permission to use it but do so as of right. However, there are legal arguments that could be made; you really need to talk to a solicitor - and soon.
 
Thanks for the replies. Yes it can easily be proven that this particular access has been used multiple times per day, every day, for that period in time (perhaps even longer!) even as the main point of access to the house.
 
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