Rear neighbour using right of way

Mistral001

Dave

Very good point. Never underestimate people. The OP's neighbour could know all about RoW's and even have sought legal advice on the matter. 20 years is a long time to wait, but if nobody objects for fear of upsetting the neighbours, then the RoW will be legally established and it will cost them nothing more than maybe a small legal bill.

Davesnave

Mistral001 wrote: »

Dave
20 years is a long time to wait, but if nobody objects for fear of upsetting the neighbours, then the RoW will be legally established and it will cost them nothing more than maybe a small legal bill.

We got our come-uppance. We now have someone's septic tank drain field outlet on our land, probably installed by casual agreement many years ago, but not on the title and not discovered till after we'd purchased! :rotfl:

unforeseen

Mistral001 wrote: »

Dave

Very good point. Never underestimate people. The OP's neighbour could know all about RoW's and even have sought legal advice on the matter. 20 years is a long time to wait, but if nobody objects for fear of upsetting the neighbours, then the RoW will be legally established and it will cost them nothing more than maybe a small legal bill.

It won't be because access was originally allowed by the owner. AP can't kick in. Owner just needs to inform the neighbour that permission is rescinded and they no longer have permission. However it may need positive action to block the gate that he has fitted.

Davesnave

unforeseen wrote: »

It won't be because access was originally allowed by the owner. AP can't kick in. Owner just needs to inform the neighbour that permission is rescinded and they no longer have permission. However it may need positive action to block the gate that he has fitted.

Yes, a prescriptive easement can only come into being if the use is without challenge, so if permission is given, the clock stops. I think that's why permissive paths are closed, perhaps for one day every year, to show by inference that for the 364 days permission is given, and then only at the landowner's discretion.