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Posted Sat, 09 Mar 2024 16:48:04 GMT by Niall W
Hello, I’m looking to claim an easement by prescription for access to a rear gate on my land. The access is over a small strip of Common land.

I’m using form AP1 and following guidance in:
https://www.gov.uk/government/publications/easements-claimed-by-prescription/practice-guide-52-easements-claimed-by-prescription
(Practice guide 52: easements claimed by prescription)

Section 4.1 says that when the application is made, the application should be set out in brief terms in panel 4. (implying a description of what is actually being requested)
But Panel 4 has no space for a description. Where should it be put?


Section 4.1 also states that a covering letter can be used to explain the purpose of a statement of truth. It’s the only time on the page that a covering letter is mentioned. Is a covering letter required or recommended, and if so what information is expected to be included beyond what is in form AP1?

Thank you
 
Posted Mon, 11 Mar 2024 08:56:44 GMT by Adam Hookway
Hello Niall - the expectation is that users would complete the form AP1 on their device so the panel 4 can be expanded as appropriate. If not then you can use form CS and complete panel 4 of form AP1 to refer to Prescriptive easement (see form CS) and then add the longer wording as appropriate to form CS
You can include a covering letter if you wish but the form AP1 (and CS) are the application form and it is the form ST4 that is the key document with regards the details/facts to support your claim
Posted Fri, 15 Mar 2024 06:55:57 GMT by Niall W
Thank you. A further question.
Claiming an easement by prescription doesn't seem to fall into any of the required scenarios listed here:
Completing the evidence of identity panels on forms AP1, FR1, DS2 - GOV.UK (www.gov.uk)
And so my assumption is I do not need to submit form ID1 for identity verification. Is that accurate?

Thank you.
Posted Fri, 15 Mar 2024 08:03:11 GMT by Adam Hookway
NIall - that is accurate. Identity verification is not needed re claiming a prescriptive easement
Posted Sat, 16 Mar 2024 17:44:25 GMT by Niall W
Thank you.
A further question - Practice guide 52 states that:
"If your application is not a first registration, we will only need certified copies of deeds or documents you send to us with HM Land Registry applications."
I can't find any reference saying that including deeds in the application is needed when claiming a prescriptive easement. So I'm assuming I don't need to include certified copies of deeds. Is this correct?

My application will therefore include:
Form AP1
Form ST4
Map with land owner's property outlined in Red and area affected by the claim outlined in Blue.
Cheque for application fee (£40)

Appreciate your help.
Posted Mon, 18 Mar 2024 06:24:04 GMT by Adam Hookway
Niall - that wording, taken from Section 4, refers to guidance on what documentation is needed if you are applying to register your property for the first time and inc the claimed right as well.
It doesn't read as if that's the case here

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