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'Prescriptive Easement' - Assistance Required Please
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buffness
Posts: 233 Forumite
Good Evening,
Please can somebody assist as I'm trying to get my head around an ongoing situation.
My parents own business property that is currently being leased - however, they 'own' the building. Next door to the building is a fish and chip shop.
The roof of my parents' property is currently leaking and my father is having to sweep away excess water whenever it rains as the water is leaking into his property. My father has obtained quotes from various local companies to try and get the leak sorted, however sitting on the roof is an extractor. The extractor is being used by the fish and chip shop owners. The company has advised my father that he needs to temporarily remove the extractor in order for the work to be carried out. My father spoke to the fish and chip shop owner and we received a letter from his solicitors that states that the fish and chip shop owner will not be removing the extractor based on a 'prescriptive easement being a legal right to retain the extractor in position on the basis that it has been in situ for in excess of 20 years'.
Please can someone explain what this means? My knowledge of property law is weak. Can we write back to the solicitors asking for registration documents? If not, then how can we dispute this?
Many thanks
Please can somebody assist as I'm trying to get my head around an ongoing situation.
My parents own business property that is currently being leased - however, they 'own' the building. Next door to the building is a fish and chip shop.
The roof of my parents' property is currently leaking and my father is having to sweep away excess water whenever it rains as the water is leaking into his property. My father has obtained quotes from various local companies to try and get the leak sorted, however sitting on the roof is an extractor. The extractor is being used by the fish and chip shop owners. The company has advised my father that he needs to temporarily remove the extractor in order for the work to be carried out. My father spoke to the fish and chip shop owner and we received a letter from his solicitors that states that the fish and chip shop owner will not be removing the extractor based on a 'prescriptive easement being a legal right to retain the extractor in position on the basis that it has been in situ for in excess of 20 years'.
Please can someone explain what this means? My knowledge of property law is weak. Can we write back to the solicitors asking for registration documents? If not, then how can we dispute this?
Many thanks
0
Comments
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unforeseen wrote: »
Thanks. I did take a look at this but finding it somewhat confusing! Ha0 -
As i understand it the chip shop owner needs to actually claim the easement and have it documented rather than a solicitor saying he has one.
Garden law has some people who have experience of dealing with this sort of thing and can provide some good advice.0 -
unforeseen wrote: »As i understand it the chip shop owner needs to actually claim the easement and have it documented rather than a solicitor saying he has one.
Garden law has some people who have experience of dealing with this sort of thing and can provide some good advice.
Thank you, I'll create a post on there.0
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