Easement or Right of access

Neighbour using my easement area for parking

Postby ulu1kim » Fri Oct 14, 2016 1:30 pm

I have a right of way in my deeds stating an area i have access to, its clearly indicated on the plans highlighted in green, a hedge has grown over my boundary fence, it clearly states that 'fence' belongs to this property. I should the relevant documents to the local council as i wish to put another parking area in my garden . No problem regarding hedge removal all ok with the council. I gave notice asking for the cars (blocking my easement) to be removed.
Not at all a helpful response, I had provided them with the same information as the council, copies of my deeds, area indicating my easement. They have decided the hedge is theirs. In fact half of it is as it is growing on their land, my boundary fence in in the middle of this hedge, so i have as i see it not only their cars blocking my easement also part of a hedge 23 meters of hedge and cars. I have given the information, they were advised to go to a solicitor as was i, i have previously been when this neighbour claimed i had no access for oil delivery. When i informed her I had seen a solicitor and i did have access she said 'oh well if thats what it says then' , I have the information and have provided it , I resent 'having to go to a solicitor ' to be able to go about my lawful business. I am aware that if i removed the part of the hedge on their land that has grow up against my fence it would be criminal damage. I believe they have been told again to go and see a solicitor. I've told the police I'll self represent, any suggestions on where I should go from here ? Thanks
ulu1kim
 
Posts: 59
Joined: Thu Oct 13, 2016 1:17 pm

Ads are not endorsed by www.gardenlaw.co.uk or the staff thereof and visitors should perform their own due diligence on the product or service offered.
 

Re: Neighbour using my easement area for parking

Postby span » Fri Oct 14, 2016 1:38 pm

No, it wouldn't be criminal damage. It would be self help in removing an obstacle preventing you from using your row for the purpose for which it was granted - to access your property.

Does your deeds specify an access point to which you are restricted? If not, you can access your place at any point from the row.
span
 
Posts: 1466
Joined: Sat Nov 06, 2010 2:34 am

Re: Neighbour using my easement area for parking

Postby arborlad » Fri Oct 14, 2016 2:44 pm

ulu1kim wrote: They have decided the hedge is theirs. In fact half of it is as it is growing on their land, my boundary fence in in the middle of this hedge,




No, the whole of the hedge is theirs...........assuming you're correct about the fence belonging to you and also it being set at the limit of your land - then nothing beyond it belongs to you.
arborlad

smile...it confuses people
arborlad
 
Posts: 7385
Joined: Sun Jul 09, 2006 6:30 pm
Location: Hertfordshire

Re: Neighbour using my easement area for parking

Postby span » Fri Oct 14, 2016 2:51 pm

arborlad wrote:
ulu1kim wrote: They have decided the hedge is theirs. In fact half of it is as it is growing on their land, my boundary fence in in the middle of this hedge,




No, the whole of the hedge is theirs...........assuming you're correct about the fence belonging to you and also it being set at the limit of your land - then nothing beyond it belongs to you.


I read that as half the hedge is growing on their land (on the row) and the other half is on his own land. So the fence bisects lengthwise the hedge.
span
 
Posts: 1466
Joined: Sat Nov 06, 2010 2:34 am

Re: Neighbour using my easement area for parking

Postby despair » Fri Oct 14, 2016 8:22 pm

if the correct boundary is your fence you can legally cut back anything that grows your side of the fence

have you carefully checked all your mortgages,insurances,credit cards ,union memberships for legal expenses cover
you may well have it

you can go to court and gain an injunction yourself for £150 but you will need help to complete the paperwork

if they are deliberately blocking your ROW the judge will not be amused
despair
 
Posts: 16043
Joined: Mon Mar 14, 2005 8:07 am

Re: Neighbour using my easement area for parking

Postby arborlad » Wed Oct 19, 2016 3:57 pm

span wrote:
arborlad wrote:
ulu1kim wrote: They have decided the hedge is theirs. In fact half of it is as it is growing on their land, my boundary fence in in the middle of this hedge,




No, the whole of the hedge is theirs...........assuming you're correct about the fence belonging to you and also it being set at the limit of your land - then nothing beyond it belongs to you.


I read that as half the hedge is growing on their land (on the row) and the other half is on his own land. So the fence bisects lengthwise the hedge.




Ideally need some clarification on this point before anyone can advise further.
arborlad

smile...it confuses people
arborlad
 
Posts: 7385
Joined: Sun Jul 09, 2006 6:30 pm
Location: Hertfordshire

Re: Neighbour using my easement area for parking

Postby ulu1kim » Mon Oct 24, 2016 1:50 pm

There is an area (23 meters)coloured in green to indicate my area of access by foot or vehicle, it runs along part of my boundary (an old fence in the middle of a hedge). I want to put a parking area in. It clearly says the fence ( in the middle of the hedge) belongs to my property, The boundary wall on the other side belongs to the house next door.
I sent my deeds to the local council, showing the easement indicating the area I wanted to put a parking area in. No problem.

My neighbours have been parking their cars against the hedge,on the area indicating my easement. The property I bought used to belong to one of the neighbours 'the landowner' , not a very nice person, likes to cause upset , in the past she tied to stop my oil delivery, challenged my right of access.
I asked them to remove the cars I informed them of my intention to put a drive in and provided them with the same evidence I had the council.
The landowner has decided the boundary is the hedge and it belongs to her. They stopped me removing part of the hedge to gain access to my garden area, the police have told us to see solicitors. My boundary fence ( an old pig wire fence) in bang smack in the middle of the hedge, I know I'm ok cutting down the hedge on my land. I believe if I cut the half of the hedge which is growing on their land it would be criminal damage, that aside, due to this 'hedge' I am unable to get access to my boundary fence to maintain it. Any ideas what i can do next?
ulu1kim
 
Posts: 59
Joined: Thu Oct 13, 2016 1:17 pm

Re: Neighbour using my easement area for parking

Postby ulu1kim » Mon Oct 24, 2016 1:51 pm

Plan showing area of access,
You do not have the required permissions to view the files attached to this post.
ulu1kim
 
Posts: 59
Joined: Thu Oct 13, 2016 1:17 pm

Re: Neighbour using my easement area for parking

Postby ulu1kim » Mon Oct 24, 2016 4:02 pm

Wording on deeds , I believe this is an 'easement as it is specifically stated in the deeds. From what i gather no 'illegal' act ie blocking over any period of time would loose the properties right of easement.
ulu1kim
 
Posts: 59
Joined: Thu Oct 13, 2016 1:17 pm

Re: Neighbour using my easement area for parking

Postby arborlad » Mon Oct 24, 2016 6:41 pm

ulu1kim wrote:There is an area (23 meters)coloured in green to indicate my area of access by foot or vehicle, it runs along part of my boundary (an old fence in the middle of a hedge). I want to put a parking area in. It clearly says the fence ( in the middle of the hedge) belongs to my property, The boundary wall on the other side belongs to the house next door.




You've got some confusion there and two too many boundary features.


The boundary wall on the other side belongs to the house next door.



.............then the hedge and fence belong to you.



It clearly says the fence...... belongs to my property,



............then the hedge belongs to your neighbour.



My boundary fence ( an old pig wire fence) in bang smack in the middle of the hedge,



..........then the hedge is shared.
arborlad

smile...it confuses people
arborlad
 
Posts: 7385
Joined: Sun Jul 09, 2006 6:30 pm
Location: Hertfordshire

Easement or Right of access

Postby ulu1kim » Sun Oct 30, 2016 1:24 pm

My deeds state i have foot and vehicle access at all time to the rear of my property, is an easement and a right of way the same thing ?
ulu1kim
 
Posts: 59
Joined: Thu Oct 13, 2016 1:17 pm

Re: Neighbour using my easement area for parking

Postby ulu1kim » Sun Oct 30, 2016 2:24 pm

That sounds about right to me , literally my boundary fence runs the whole length of the hedge ( hedge is next to green coloured access area) so it would sound 'right ' that the half if it on my land is mine to cut back to my boundary fence in order to repair replace it. Now I'm stuck, as the neighbours side of the hedge growing on their land is obstructing me from gaining access to again repair replace my boundary fence, I'm confident that i cannot just remove it as it would be criminal damage. I would like to put a parking area into my garden but cannot access my property due to neighbours cars being parked against the hedge.
I have received a letter from my neighbours solicitor, he clearly hasn't done his homework and has told me not to not to do anything other than routine maintenance on my side of the boundary hedge. I think I'll suggest he goes back to basics and provides proof his client owns the hedge, which even if this is the case is still part of the obstruction of my right of way. I did offer to show my neighbours the deeds and relevant information to prove what i was claiming was correct, they declined.
ulu1kim
 
Posts: 59
Joined: Thu Oct 13, 2016 1:17 pm

Re: Easement or Right of access

Postby MacadamB53 » Sun Oct 30, 2016 2:59 pm

ulu1kim wrote:My deeds state i have foot and vehicle access at all time to the rear of my property, is an easement and a right of way the same thing ?
a right of way is one type of easement.
MacadamB53
 
Posts: 6032
Joined: Mon Dec 10, 2012 12:13 am

Re: Easement or Right of access

Postby ulu1kim » Sun Oct 30, 2016 4:39 pm

Is it an Easement by deed? Thank you
ulu1kim
 
Posts: 59
Joined: Thu Oct 13, 2016 1:17 pm

Re: Easement or Right of access

Postby MacadamB53 » Sun Oct 30, 2016 5:15 pm

ulu1kim wrote:Is it an Easement by deed? Thank you
by deed is the most common means of gaining an easement - but it's not the only way
MacadamB53
 
Posts: 6032
Joined: Mon Dec 10, 2012 12:13 am

Ads are not endorsed by www.gardenlaw.co.uk or the staff thereof and visitors should perform their own due diligence on the product or service offered.
 
Next

Return to Rights of Way

Who is online

Users browsing this forum: Bing [Bot], Google Adsense [Bot] and 5 guests