Statutory declaration confirming use of a right of way over a private road

by Practical Law Property

A standard document that provides a template for a statutory declaration to claim a prescriptive right of way over a private road. This standard document is designed to support an application to the Land Registry to register the benefit of an easement acquired by long use. It outlines the essential information required to comply with Land Registry Practice Guides and the Land Registration Rules 2003 (LRR 2003), including details necessary to establish a claim under common law, the doctrine of lost modern grant, or the Prescription Act 1832. This resource addresses the evidence needed to support a claim, such as the duration and nature of the use, and the critical declaration that the right was exercised without force, secrecy, or permission. It provides guidance for applications involving both registered and unregistered land and explains the process for noting the benefit of the right of way on the title of the benefiting land.