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ROWs & Land & Conveyancing REform Act 09

Wantobe · 2010-06-10 15:35:26

A general question on the act. If you have a person who purchased a property on the basis of a declaration of long user 3 years before the act- the declaration says that the predecessor in title used the access way for say 20 years. But the new owner has only used it for 3 years. Does the new owner have the right to apply…

10-06-2010 3:35pm

#1

Wantobe

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A general question on the act.

If you have a person who purchased a property on the basis of a declaration of long user 3 years before the act- the declaration says that the predecessor in title used the access way for say 20 years. But the new owner has only used it for 3 years. Does the new owner have the right to apply under s.35(1) to the court for an order based on his plus his predecessors continuous user?

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#2 10-06-2010 3:41pm

Wantobe

Closed Accounts Posts: 554 ✭✭✭

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S'okay,scratch the question. Still trying to figure out aspects of this act- the definition of dominant tenement under the act includes predecessors in title so I guess they can include periods of user by previous owner as long as continuous.

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