right of way

[maclarencat]

My neighbour crosses my land to access the front of his property with a vehicle.. I think this is something that has been happening for at least 20 years though I have only been here a year. They do not have a right of way either on my deeds or theirs. Their vehicle access is at the other side of the house. I dont mind but he has now moved his letter box to the front of his house (it was in his back door ) and the postman is now also using the access across my property as are visitors to his house. Will it eventually become a right of way for him or will I be OK because he is doing it with my permission (verbal)

[cassa333]

Block the place they cross at!

For a good reply try www.gardenlaw.co.uk

[maclarencat]

I dont mind them crossing my property I just want to be sure it doesnt become a right of way. The people who live there now are OK but you never know about future owners do you?

[buildersmate]

Read the following ignoring the bits about common land.
http://www.practicalconveyancing.co.uk/content /view/8760/1113/
The point is, you need to give your neighbour a temporary permission to do it in writing. If you don't and the situation just continues without any 'permission' then a private right of way by prescription can occur after a period of 20 years. Make the permission temporary, perhaps lasting 2 years, then renew it.

[maclarencat]

Thanks buildersmate I thought that might be the case. Do I have to get a witness to the permission or is it sufficient for me to simply give him a letter?

[cassa333]

Better safe than sorry I say.