Right of way

Questioner

Since 2006 we have been using the alley which is located on the plot of another house. Block of houses was built in 1958 and the alley has always been used as such by its predecessors. In 1997 there was a land consolidation, as a result of which the easement expired (while nothing has changed in the entire situation). The previous occupant of the plot where the alley is located did not know any better that we had the right of way. The current occupant has now blocked access. Can we reclaim our right of way?

Lawyer

It is important to have some background on what exactly a 'right of way' is before we go any further. The right of way is a form of easement. It means that the owner of a property (land) must tolerate someone else walking or cycling across his property, usually to be able to come and go to and from another property. From your description, it sounds like a potential case of easement by prescription. An easement may exist because you (or the previous owner of your property) have been walking or cycling over the neighbor's property for a long time. The following rules apply: - If you can prove that you have used the right of way for at least 20 years without interruption, then there may be 'acquisitive prescription'. This means that you can try to register the right of way with the Land Registry. This would create an easement on your neighbour's plot. - If you cannot prove that you have used the right of way for at least 20 years without interruption, but that you have done so for at least 10 years, then there may be a case of 'liberating prescription'. This means that your neighbours cannot forbid you to walk or cycle across their property, but the right of way will not be registered with the Land Registry. In order to find out whether you have a chance of claiming your right of way in this case, it would be very useful to engage a legal expert. They can give you more insight into the possibilities based on your specific situation and the applicable evidence. ---------------- Stichting Rechtswinkel.nl is a national organization with students and volunteers. The above advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer I would like to invite you to rate the above answer so that we can learn from your response.