Right of way

[Michael8626]

Hi,

First time poster!

Local council owned shopping precinct, leased to to a property management company.

A doorway in the said precinct has been opened AM and closed PM by a caretaker for the previous 20 years. The doorway served as an access to an upper level and was also used as a minor entry point to the precinct, and a short cut/easy access for many people.

The property management company have now decided they wish to permanently close this doorway.

As this ‘right of way’ has had a regular pattern of access over many years, does this constitute some form of easement/right of way under grandfather rights/prescription law?

Is the leaseholder of the land allowed to do this please?

Thanks in advance

[des8]

As the access was denied and not continuous throughout the period no right of way has been established.
The Management company are entitled to close the access

[Michael8626]

Thanks for your reply. When you say ‘as the access was denied’ is that in regard to it being closed overnight?

Would a precedent have been set that it was always open during daylight hours for the previous twenty years?

[des8]

To establish a right of way by prescription the right must have been used for at least 20 years without interruption.and not
with any consent of the owner.

Now that access route was interrupted nightly and was permissive.

IMO you have no chance of establishing a right of way

[Michael8626]

Many thanks

[des8]

Overnight musings:
If you search the planning permission (available for small charge at Local Authority) you might find the permission was conditional on the access being available during certain hours.
Does the current lease have anything to say about this access (might have to go via local councillor to see this or make a Freedom of information request)
Also perhaps the local fire officer will require access to be open as a means of fire escape.