Is this common land?

[hotchicklegs]

Our family has enjoyed a vehicle right of way over a neighbours footpath for over 50 years. Do we have prescriptive rights to her footpath or is it classed as common land? Both our pathways make up the driveway, ours being wider.

[Eve]

Probably the best way is to check who actually owns what and whether any rights already exist.

Are the titles registered? If so, you can check the title plans at the Land Registry for about �3.00 per title and per plan.

http://www.landregisteronline.gov.uk/

You can check with the local authority if it is official common land ( as in public ownership (http://www.naturenet.net/law/commonland.html( or do you mean just common to both of you?).

For 50 years then I'd say there is a good chance of having accrued a right (though there are criteria though - have you used it without payment, requiring consent, dispute etc...).

Give your local Land Registry a ring and they will be able to point you in the right direction...

http://www1.landregistry.gov.uk/regional/

Do your neighbours use your path also? If you go for a right over theirs then they may do likewise.

Maybe you should just come to some agreement and put it in writing. Avoid a dispute at all costs.

When doing this please bear in mind future use eg if your neighbours change or need different types of access eg larger commercial vehicles or with animals.

Also consider repairs and maintenance and who should pay for what.

Also bear in mind any lender's consent may be required if you are granting rights to other people and similarly for your neighbours. Lenders may ask for a charge for this and may insist on solicitors being used.

[buildersmate]

If this strip of land is owned by the neighbour (demonstrable as Jenna says as above) and you have been using it without (formal) permission for this length of time, openly, then it very likely that you have acquired Prescriptive Rights over it. The fact (or not) that there is a public right of way - namely a footpath - over which a member of the public cannot pass/repass with a motor vehicle - over the same piece of land doesn't now alter the circumstances.