My plot of land I plan to claim, with adverse possession, is completely isolated with no roads or paths to it. Can I claim a path to it?
Yes, it is possible to gain prescriptive easements over unowned land through adverse usage. Gaining private rights of way, or easement, to access an otherwise isolated plot is vital. However, different rules apply in such cases.
Requirements
Time limits are, unfortunately, longer to gain an easement through adverse means. Generally, 20 years is the minimum required time limit to gain rights to use your proposed easements.
Additionally, other requirements apply if you wish to gain an easement. You must prove that you have used the path openly, without the consent of the owner and without breaking/removing barriers across the route of the easement. You also must have an object for using the easement you with to claim through adverse means. In this case, you would be using the easement to gain access to your plot which would satisfy this requirement. You should, however, ensure you have already gained the title deeds to the plot in question before applying to gain easement rights – this requirement is not satisfied if you don’t already have the title deeds.
As you can tell, the process to claim an easement is a complex process. Remember, all the information on this site is advisory only and should not be taken as solid, sound legal advice – we are programmers not lawyers! Always ensure you contact a legal professional before undertaking an adverse claim or easement claim to ensure you understand all risks of such actions and increase your chances of success.
Further Readings
- Osmond & Osmond | Adverse Possession and Prescriptive Easements Over Unregistered Land