Prescriptive easements

joe soapy

Member
Location
devon
yes, avoid, they will bite you badly in the arse, maybe not tomorrow, but maybe in 100 years time.
there are a lot of footpaths that were created just because some kind sole told the postman he could take a shortcut across a field.
In Lydford parish it was anywhere that a coffin was carried.
 

maen

Member
Location
S West
To elaborate our case. We have been served notice by the Land Registry that a neighbour wishes to claim Prescriptive Easment over an area of our Farm. There are no footpaths on any of this land. No permission has ever been granted, to any members of the claimants household to have access over the land by our family The family have owned the land for over thirty years. Even although they have recently been told in writing that by entering the field/s they would be committing trespass they are still claiming the historic right to roam at will. We are having to defend our rights against this trespass by involving solicitors and cost. It is not an easy case to defend, as in this case, the land is not in view from any family members house so proof of illegal access is difficult to defend.
It is disconcerting that it is even possible to claim the right of entry on private property where the individual/s are initally in the first instance trespassing.
It seems like by not being caught shoplifting you claim the right to free goods.
Has anyone had similar experience??
 

joe soapy

Member
Location
devon
its very much a case of "he said, we said" and who tells the most believable story.
be aware that any complaint to the cops will result in guns being removed, so get any thing you value put on more than 1 certificate
 

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