arguments against granting easement on right of way through long user on residential property in the UK?

Answer 1

Some arguments are:

1. It diminishes the value of your property.

2. Depending on the nature of the easement, it could involve noisy, smelly or disruptive activities, such as car traffic/exhaust, humming power lines, noisy people who might litter.

3. You are forced to grant access to your property to people you do not know, and these people could be security risks. It increases your chance of theft/burglary, as well as personal crimes.

4. Ongoing damage to your property as a result of activity along the easement. There could be drainage issues, runoff from salting a road or other undesirable activities. If the easement is a road, it could stir up dust that makes your home more difficult to clean.

5. If the easement is a road or driveway, traffic could put your pets or children at risk.

6. If the easement is for power wires, the poles/towers will be unsightly.

Those are a few... hope it helps!

Answer 2

Hmmm, this is a difficult question to interpret.

It seems like you're talking about someone acquiring an easement through long use i.e. by prescription.

If the right has been acquired in this way by use of the right of way for 20 years without permission, openly and without the use or threat of force, no formal grant is required. A legal easement is created anyway.

You could dispute this 20 year period if:

a) the benefiting land was in the same ownership as the burdened land at any point in the 20 years

b) if permission was granted

c) the right of way was only used secretly

d) various other ways e.g. if the land is crown land or church land longer periods apply.

Your best bet is to consult a solicitor if you feel that the easement is not valid.

Answer 3

Can trespassers incredibly try this for the duration of united statesa.? declare that they have a suited to proceed trespassing on somebody else's components because of the fact they have been getting away with it for a protracted time? Can financial company robbers get a license to rob banks in the event that they could coach a courtroom that they have effectively robbed countless banks interior the previous and that they have gotten away with it every time so a techniques? American rules particular are unusual in some techniques.