Right of access/passage

[searchlight]

Is there a general prinicpal in English Law that where access through adjoining property has existed for more than 20 years continuously then it cant be removed or is that just an urban myth?
Thanks

[Buenchico]

An easement is created 'by prescription' when someone carries out an act (which can lead to the creation of an easement) repeatedly, openly and WITHOUT the consent of the landowner over whose land the act is carried out, for a period of at least 20 years. (So if your neighbour has agreed to you crossing his land, no such easement can be created. Similarly, if you've only used the access on a couple of occasions over the 20 year period, or only at the dead of night when your neighbour's not been looking, the conditions for the creation of an easement by prescription will not have been met).

Chris

[buildersmate]

It is often possible.
Google 'prescription act 1832'

[searchlight]

Thanks for both answers. Chris yours sounds a very informed response. Are you in fact saying that what I am suggesting is in fact the case? Or knowing me have I got it the wrong way round. It does seem to me that the 20 year rule does exist though.

[Buenchico]

Thanks for your reply.

Yes, the '20 year rule' exists as long as ALL of the conditions in my first post (including the one about no consent having been granted) have been met.

[searchlight]

Chris Thanks again, one further point does creation by prescription relate to the land rather than the owner. Does change of ownership of either of the adjoining properties
extinguish such a prescription
Graham

[Buenchico]

"A conveyance of land shall be deemed to include and shall ... operate to convey, with the land, all ... liberties, privileges, easements, rights, and advantages whatsoever, appertaining or reputed to appertain to the land, or any part thereof, or, at the time of the conveyance ... enjoyed with or reputed or known as ... appurtenant to the land or any part thereof."
- Section 62(1), Law of Property Act 1925 -

i.e. once an easement has been established it remains in place in perpetuity.

Chris