Right of access changing to ownership

[otomys]

Hi,

My father-in-law has owned his property for 30 years and firmly believed that the narrow strip at the bottom of the garden belonged to the neighbours for access from the road to their property. It now appears that owner before him, gave the neighbours an easement (?) for right of access only. In the intervening years various neighbours have added to this strip, a shed, fence and gate and flowers etc. Has he lost ownership of this strip as the neighbours have had sole access and he has never refused permission for them to make these modifications? Or can he, at this late stage, ask them to vacate his land?

[echat11]

Hi OTOMYS

I can't answer directly, I'm sure other members will, but here's some info on 'easements' -

https://www.landregistry-titledeeds....hts-of-way.asp

[otomys]

Hi Echat11

Thank you for the very informative link that certainly cleared up a couple of points around these rights of access and the granting thereof. The question that I still don't have the answer to is: can adverse possession be used, if the person granted the right of access, is the sole and exclusive person exercising that access?

[echat11]

Might be one for des8

[des8]

My understanding is that once a person has use of the land with the agreement of the owner, the user cannot then claim adverse possession.
In this case the neighbouring land benefits from an easement allowing right of way, so the owner of that neighbouring land cannot claim adverse possession, altho' in Littledale v Liverpool College [1900] 1 Ch 19 it was found that the installation of a locked gate by the beneficiary of an easement did not demonstrate the unequivocal intention to possess that land which is necessary to support a claim to adverse possession.

Are the two properties registered at Land Registry? (check here cost £3 each file & £3 each map https://www.gov.uk/search-property-i...-land-registry)
If registered do the maps show the correct boundaries?
If registered do the files record the easement?
If not what proof is there that the previous owner granted an easement?

If the land does belong to your FiL and neighbours only have an easement, yes your FiL can ask them to vacate it.
However if he has no proof of the easement, they might successfully claim adverse possession.
It might just come down to whom the court believes!

[otomys]

Hi Des8,

Thank you for the prompt and comprehensive response. My father in law's property is registered with land registry with the strip of land included in the map. The easement is separate registered document. Forgive me, I'm not a solicitor, but I think that is also with land registry. He has hard copies of both documents.

[des8]

In that case I'm fairly sure the neighbours cannot claim adverse possession.
Have they tried?
If not your FiL could request politely that they remove their shed, (or pay rent!) if he so wants, and see what the result is.

PS I'm not a solicitor either!

[Ukmicky]

Separate document ?

is the easement registered on the charges register?..

However applying for adverse possession of registered land is different to gaining it . So no currently he hasn’t lost possession as any claim against registered land can be thwarted by a simple objection .

The neighbour needs to be told remove the items.

There is however a possibility they have increased their easement rights but that is for another day if it rears it’s head.