I rented a flat in a house in 1980 and was told by the Landlord that, I could park my car on a piece of land at the rear, I subsequently parked my car on this land from 1980 when I rented the house, until I subsequently purchased the house in 1986, I have continued using the land to date,
However, this land turned out to be unregistered, I complained to my conveyance Solicitor that the land was not included in my Title Deeds whereby, he suggested that I apply to land registry for adverse possessory title, this I did, but land registry refused, subsequently, when my house was sold in 1993 the new owners were claiming access over the unregistered land by easement by prescription.
Prior to my house being sold in 1993, I enclosed the land on all sides, I erected a wall between the unregistered land and the land belonging to the house under its Title Deeds border, I had gates that were secured with a padlock and chain, however, "somebody" knocked down my wall and stole my chain/padlocks and enclosure gates in 1996.
The fact that I had enclosed the land until 1996 and continued to use the land to date (2009), I believe, defeats the new owners claim of access by easement by prescription under the 20 year uninterrupted access rule,
The new owners sold the house to Developers in 2009, the Developers have built a house on the land belonging to the house that they purchased within its Title Deeds, and the only access to this new build house, is across the unregistered land which I had enclosed.
I recently took out an injunction in the County Court in order to prevent the Developers from accessing the unregistered land, however, the Judge ruled that the land enjoys a “continuing right” of access because previous owners to my purchase of the house had used the unregistered land as access.
Have I the right to appeal/dispute the Judge's decision, as I did enclose the land which I believe defeats the Developers claim to access over the land under Easement Law?.