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  • 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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