Can an easement by prescription be obtained if the homeowner has not been home for the last 2-3 years?
Posted on 19 Oct 2018
Hi, my partner and I have been attempting to purchase our first house for the last year. Long story short: septic tank for the property is situated on a farmer's field which has no easement in place. (It was originally a verbal agreement between the vendor and original landowner.) The current landowner is not prepared to create an easement.
The vendor purchased the property in 1999, however nobody has lived in the property for the past 2-3 years. My question is, does the use of the septic tank have to be continuous for the 20 years in order to obtain an easement by prescription, or is there another way around it?
Also, the vendor has offered for my family and I to move into the property as private tenants, however we would need to know what rights we have regarding the septic system and if we would be able to use it without the farmer disputing the use of the tank/land. Furthermore, if we moved in and lived there for maybe 3 years, would that allow us to obtain an easement by prescription (as long as the farmer doesn't 'give off' before then?)
Appreciate any help on this matter.