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DEVON COUNTY COUNCIL PUBLIC RIGHT OF WAY STATUTORY DECLARATIONNB The object of this enquiry is to reach the truth of the matter, whatever it may be. You are therefore asked to answer the questions.

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A statutory declaration as to right of way is used to support a claim to a prescriptive easement (a legal right) to use a road, footpath or other accessway where no such easement has been granted by deed.

Making a statutory declaration Fill out the form telling the court when and how you heard about your court case. You'll need to provide details of your case, including where your hearing was held and on what date. Arrange an appointment to make your statutory declaration before a solicitor or any magistrates' court.

Taking in Charge means that County Council formally decide to become responsible for the maintenance and upkeep of a roadway to a minimum standard suitable for cars and traffic. On the foundation of the State roads became regulated and registers were kept of all roads taken in charge from or about 1925 onwards.

The right must be recorded by deed and in the case of registered land, should be recorded on the Title Register for each property affected.

A prescriptive easement is a legal right enjoyed over another's freehold property and which is obtained through long use. It is similar to adverse possession, but in this case relates to a right to use another person's property in a particular way rather than claiming ownership of the land.

A prescriptive easement (or easement by prescription) is a right of access over another's property acquired through the claimant's adverse actions taken “under color of law.” The adverse actions must persist continuously for at least 10 years.

A statutory declaration by the person who has exercised the right of way for the 20 year period is sufficient evidence, provided no evidence is produced by the owner of the land to the contrary, that the easement has been acquired.

A prescriptive easement operates under the presumption of a grant that arises after a long, continuous, adverse, open use of a right‐of‐way over someone else's property. The benefit of this type of easement is that it is not limited to lands which were formerly part of the same grant.

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© Copyright 1997-2025
airSlate Legal Forms, Inc.
3720 Flowood Dr, Flowood, Mississippi 39232
Form Packages
Adoption
Bankruptcy
Contractors
Divorce
Home Sales
Employment
Identity Theft
Incorporation
Landlord Tenant
Living Trust
Name Change
Personal Planning
Small Business
Wills & Estates
Packages A-Z
Form Categories
Affidavits
Bankruptcy
Bill of Sale
Corporate - LLC
Divorce
Employment
Identity Theft
Internet Technology
Landlord Tenant
Living Wills
Name Change
Power of Attorney
Real Estate
Small Estates
Wills
All Forms
Forms A-Z
Form Library
Customer Service
Terms of Service
DMCA Policy
About Us
Blog
Affiliates
Contact Us
Privacy Notice
Delete My Account
Site Map
Industries
Forms in Spanish
Localized Forms
State-specific Forms
Forms Kit
Legal Guides
Real Estate Handbook
All Guides
Prepared for You
Notarize
Incorporation services
Our Customers
For Consumers
For Small Business
For Attorneys
Our Sites
US Legal Forms
USLegal
FormsPass
pdfFiller
signNow
airSlate workflows
DocHub
Instapage
Social Media
Call us now toll free:
1-877-389-0141
As seen in:
  • USA Today logo picture
  • CBC News logo picture
  • LA Times logo picture
  • The Washington Post logo picture
  • AP logo picture
  • Forbes logo picture
© Copyright 1997-2025
airSlate Legal Forms, Inc.
3720 Flowood Dr, Flowood, Mississippi 39232