Easement

[zaffy]

We bought a property a couple of years ago. The property is twenty-years-old. The property has a track access for three properties. Our property only has an easement for tractors. How do we acquire an easement for our cars and the cars that use our stables? Thank you.

[atticus]

Well, you can approach the landowner concerned to see if he will grant an easement. I would expect this to be at a price, and that you will have to pay all legal costs.

Or you can attempt to create an easement by using the access exactly as you wish for 20 years openly and without being stopped. You will need to keep clear unimpeachable records to prove this uninterrupted use, so that you can establish your case in 20 years time.

EDITED TO ADD: You might find this thread helpful: https://legalbeagles.info/forums/for...e-about-to-buy

[zaffy]

Thank you Atticus. At my age, twenty years is no guarantee of anything. The track was used by the previous owner for nearly twenty years. I presume those acquired years cannot be passed down to me? History has it that the farm track owner is somewhat irrational and possibly not approachable. My house is landlocked and I need to use the track to get to the public road. I understand, there is a law regarding easement by necessity, is it possible I can use this law to my advantage if there is ever an upset?

[des8]

As was decided in Welford v Graham [2017] UKUT 297 (TCC), use by previous owners may count.

Regarding easement by necessity, the necessity needs to be more than just reasonable

[atticus]

I agree - when I first replied I hadn't read the other thread and was just going on what the OP said in post #1. We can but hope that the evidence of previous owners' use is good enough.