Editor's Blog4 mins ago
Prescriptive Rights - stopping them
Does anyone out there know what "action" an owner can take which would constitute an interruption of the (20 year) continuous period of use, leading to a prescriptive right? Obviously a court injunction or a physical prevention would count; but these are "the nuclear options". Is there a form of statement, demand or notice that would act as sufficient assertion of the owner's rights and objection to trespass?
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For more on marking an answer as the "Best Answer", please visit our FAQ.If it is an individual landowner accessing a track across a neighbours land, giving him permission in writing does the trick.
If you are concerned about the general public using a track (many people), the way I've seen it done is by the erection of a prominant sign pointing out that the access is private and that no public right of way is dedicated (there some specific wording required).
If you are concerned about the general public using a track (many people), the way I've seen it done is by the erection of a prominant sign pointing out that the access is private and that no public right of way is dedicated (there some specific wording required).
Hi
You can deposit and statement and declaration with the highway authority acknowldeging the existence of the public rghts of way as the only rights across the land. (Section 31(6) Highways Act 1980)
For more info see here: http://www.cla.org.uk...Section_31(6)_HA1980/ Media URL: http://www.cla.org.uk/Policy_Work/Section_31(6)_HA1980/
Description:
You can deposit and statement and declaration with the highway authority acknowldeging the existence of the public rghts of way as the only rights across the land. (Section 31(6) Highways Act 1980)
For more info see here: http://www.cla.org.uk...Section_31(6)_HA1980/ Media URL: http://www.cla.org.uk/Policy_Work/Section_31(6)_HA1980/
Description:
Thanks for the thoughts. My particular situation does not involve Highways so I think the big sign will be the route. The problem is that, without a tested and "approved" procedure, you would only find out whether any non-physical action to stop a repeated action leading towards attaining a prescriptive right had actually worked - by going to court. I'm trying to avoid that but it may be unavoidable.
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