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Posted Tue, 30 May 2023 12:20:36 GMT by Carol Brown
My property and 3 others are arranged around a shared courtyard which is accessed by a private road. Last year a developer purchased an adjacent plot and applied to alter our titles on the register to note a prescriptive easement. It would have given him the right to use the private road and access the adjacent plot at any point along the common boundary.  The application was supported by a Statement of Truth by the vendor. I did not receive notice of this application but fortunately my neighbour did and raised strong objections. The application was withdrawn.
We would like to prevent a similar application being made again in future.
My neighbours and I have owned our properties for 30 years. Could we make Statements of Truth regarding the actual use and users of the private road and record them on our titles?
When we sell our properties would the application to alter our titles show up in a purchaser’s Title Search?                                                                                                                                    

 
Posted Tue, 30 May 2023 12:41:29 GMT by Adam Hookway
Carol - you can apply to note a 'prescriptive easement' (claimed right) - see PG 52
The guide explains how such an application can be made and how it is processed. Your noting of a prescriptive easement would not prevent someone else making a similar application.
If you were successful in noting your claimed right then a prospective buyer would see that on the register when making their preliminary title search 
Posted Tue, 30 May 2023 12:41:51 GMT by Adam Hookway
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Posted Tue, 30 May 2023 13:58:32 GMT by Carol Brown
Would a prospective buyer of my property making a preliminary title search see that the developer of an adjacent property had made and withdrawn an application to register a prescriptive easement over my property?
Posted Tue, 30 May 2023 14:15:13 GMT by Adam Hookway
Carol - no. Only actually registered and current information is revealed 

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