Prescriptive Rights

You are most likely aware of rights people have over your land which are recorded in your title deeds. However, there is a further way in which a right can become established which will not be recorded on your deeds yet is as binding and as prohibitive as though it were – A prescriptive right.

A prescriptive right is a right whereby a third party gains a right (right to access, egress, to park etc) as a result of their long use or enjoyment of your land.

You may turn a blind eye to a neighbour who cuts across your field every morning as a short cut or thought little of the neighbouring farmer who uses part of your track to gain vehicular access to their bordering field. What harm can this neighbourly behaviour do? In many cases, it remains as just that, neighbours co-existing amicably.  However, prescriptive rights can quickly escalate and that short cut can become permanent and as enforceable as if it was recorded. This can cause problems if you wish to develop land or even to do something as simple as erecting a fence. If your action, even as the landowner, interferes with a prescriptive use, then you may see a neighbour seeking to enforce their right which could detrimentally impact on the use or value of your own land.

To claim a prescriptive right, an individual must prove that they have continuously used the right for over 20 years, without permission, force, or secrecy.

How can we help

Fortunately, there are measures that can be taken to prevent prescriptive rights, and our Agriculture and Rural Affairs are well-positioned to provide guidance in this area of law, having played an integral role in establishing the case law that defines this specialised field. You can can contact our Agriculture and Rural Affairs team on 01606 334309 or email enquiries@butcher-barlow.co.uk.

This article was first published in the August edition of The Farmart magazine.