The acquisition of rights of way through long-term use is a notable aspect of property law within the United Kingdom. The concept of the '20 year rule right of way' is significant, particularly for homeowners, property developers, and landowners, as it can fundamentally impact property rights. Understanding precisely what constitutes a 'right of way', how it can be obtained, and its implications can be crucial.
Understanding the legal concept behind the 20 year rule right of way
Easements can be established explicitly through a deed or agreement, but they can also arise implicitly through consistent, uninterrupted use over a considerable length of time.
The '20 year rule' specifically provides for the acquisition of an easement through continuous, unobstructed, and open use over a period of at least 20 years. This principle is based on the English doctrine of prescription, permitting certain rights to emerge simply through extended habitual usage. The usage must meet the legal test of being without secrecy, without permission and without force.
A 'right of way' refers to a type of easement, specifically the legal right of an individual or group to traverse another person's property or land.
Criteria to establish a rights of way under the 20 year rule
To successfully claim a right of way under the 20 year rule, certain clear criteria must be fulfilled. Firstly, the usage of the land must have been continuous and uninterrupted. Occasional or intermittent use typically does not meet this criterion.
Secondly, the use must have been conducted openly and without permission—in other words, it must have been undertaken without secrecy. The use should also be without force or objection, meaning the landowner must not have formally contested or prevented the use during this 20 year timeframe.
Once these conditions have been met, it is generally accepted under law that a right of way has been established.
Legal implications of the 20 year rule right of way
Once established, a right of way gained through prescription is legally enforceable in the same manner as expressly granted easements documented in deeds or conveyances. Affected property owners cannot abruptly remove such rights and may have limited legal recourse to oppose them once acquired.
This can, of course, substantially impact property value, its future development potential, and even day-to-day use. As a result, property owners should remain vigilant about monitoring and questioning ongoing use of their land to safeguard themselves against unintentionally enabling prescriptive rights.
Preventing the accidental establishment of a prescriptive right of way
Proactively preventing a right of way from being established is far easier than attempting to reverse the situation once the right is legally binding. Property owners who wish to protect themselves against prescriptive rights being established should visibly interrupt the continuous usage by installing appropriate signage, gates, barriers, or fencing.
Alternatively, formal permission can be given to users, explicitly confirming that permission is revocable. Such measures clearly establish that the use of the property is not as of right, and thus no prescriptive rights can be asserted.
Addressing disputes regarding the 20 year rule right of way
Unfortunately, disputes often arise where prescriptive rights are concerned. Disagreements between neighbours or landowners about the existence, scope, or extent of these rights can become complex.
Resolving these disagreements typically necessitates legal advice and may involve negotiation, mediation, or, in some circumstances, litigation. Mediated settlements can work effectively to establish boundaries and rights clearly, though litigation may sometimes prove necessary to definitively establish whether the criteria for a prescriptive right have been satisfied.
Seeking legal advice regarding rights of way
The issue of rights of way can be complex, impacting property rights significantly and requiring careful consideration. Given the legal complexities involved, it is advisable always to seek professional legal advice when dealing with prescriptive easements or rights of way. Experienced property lawyers can provide valuable guidance, clarify potential complications, and suggest practical solutions tailored to your specific circumstances.
In conclusion, the '20 year rule right of way' is a significant legal provision with potentially far-reaching consequences for landowners. By clearly understanding its implications and taking proactive measures, property owners can best protect their valuable assets against unintended infringements and disputes.
If you find yourself in a right of way dispute our dispute resolution specialists may be able to help. Call us today on 0161 696 6178.
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