Prescriptive Easement

andy_lee_2

I have an Prescriptive Easement, logged with Land Registry on my house deeds, for access to rear of my property, over land that is not owned, after the LR carried out a search.
The Easment was done through a solicitor and i presume it is a legal and binding document?
Is there any way the Easement could be removed?
Any advice appreciated.

da_rule

Just to make this clear, your property has the benefit of an easement or the burden of an easement?

i.e. can someone walk over your back garden to get to their land orndo you have the right to walk over their land to get to yours?

andy_lee_2

My property has benefit of easement, I have the right to access my property by car or foot.

da_rule

Ok. Well you could remove the easement by entering into a deed with the person whose land you have the right to pass over.

Begs the question; why do you want to? Have you worked out whether the easement adds any value to the property?

bouicca21

Or is OP worried that someone else can remove it?

davidmcn

andy_lee wrote: »

The Easment was done through a solicitor and i presume it is a legal and binding document?

Well, what advice did you get from the solicitor?

agrinnall

andy_lee wrote: »

...over land that is not owned...

All land is owned, but sometimes it can be very difficult to determine by who.

G_M

bouicca21 wrote: »

Or is OP worried that someone else can remove it?

I suspect this is the OP's concern.

No. Even if the owner of the land in question came forward now, they could not just remove the PI. They could perhaps apply to have it removed, but the LR would contact you, you would object, and I seriously doubt they would succeed.


But as David says:

what advice did you get from the solicitor?

andy_lee_2

Solicitor advised on Prescriptive Easement !

G_M

andy_lee wrote: »

Solicitor advised on Prescriptive Easement !

and when you asked him to explain what that meant, and whether it could be reversed, he told you...........?????

andy_lee_2

Its a while since Easement was done, don't remember any thing said about it being reversed, I do remember him saying if he were doing conveyancing for a client who wanted to buy this property, he would advise that a Prescriptive Easement was in place before buying.