Would the location of a gate, which is fixed to neighbouring property, but not technically 'in' their plot of land, be considered a prescriptive easement? It's been in that location since at least 1997, and is the entrance to a passage providing RoW for two properties, and the provides security to the rear of three properties. The neighbour is now, 10 years after he purchased property with the gate in-situ, decided he's not happy and is threatening legal action. As far as I can tell, he doesn't have a leg to stand on.
What's the neighbour annoyed about? The fact the gate is across their RoW or the fact it's attached to their wall?
Annoyed that it's attached to their wall, there's old planning permission showing the gate in the exact same place.
It's a bit bemusing because the gate is immaculately maintained white painted wood, but the wall on the other side is dark stone.
I keep telling her talk to a good conveyancing solicitor but...
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