Establishing a vehicular right of way

[Guest]

The garage and rear garden to our house is accessed from the public highway via a very short stretch of byway then a track which leads to land owned by a local farmer. The track is used seldomly by the farmer. It is used regularly by another renter of a parcel of land beyond. We also rent a parcel of land adjacent to the track under a paddock agreement.
For 21 years we have enjoyed access to our garage and garden. We have also rented the adjacent land for the same period. The previous occupant also rented the land and used the track for access for i believe 8 years.
I have nothing in writing about access via the track to my property. When we purchased it, the then farmer (farm subsequently passed to his son) said verbally that he would be happy for a right of way to be established in we paid all the legal fees but i took no action at the time. A dispute more recently may now make that difficult.
My question is whether I could establish a right of way on the basis of 21 years continuous usage of the track? Would the fact i have been paying to rent the adjacent land accessed by the same track make this 'law of custom' (if that's the correct term) claim to a right of way less likely to be successful?

Thanks for your help!

[des8]

Here's an article discussing easements obtained by Prescription , which you might find interesting.
https://www.fsp-law.com/easements-by-prescription/

Additionally I would comment that the law tends to favour the existence of the easement if there is a doubt as to whether or not an easement exists. As the Law of Property Act 1925 puts it:

"62.(1) 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. "

[Iwishiknew]

Thank you Des8. The key question in my mind is whether the rental means it fails the “”without permission”” test?

[des8]

From whom do you rent the land?

have you checked the land registry files to see if the land has an easement? https://www.gov.uk/search-property-i...-land-registry
£3 for file + £3 for plan

[Iwishiknew]

From a local farmer. There is no easement in the register.

[des8]

Is the track owned by the same farmer from whom you rent the land?

[Iwishiknew]

Is the track owned by the same farmer from whom you rent the land?

Sorry Des8 I missed your reply. Yes the farmer owns the track too.

[des8]

Well if you rent the land from the owner of the track, and the track is the only way to access the land, it must be implied into the lease that you have the right to use that access.

Here's a Land Registry article on Rights of way which should interest you (and save my typing fingers!) https://www.landregistry-titledeeds....hts-of-way.asp