Garden Law Discussion

He may have knew you were there and said it to wind you up. However if he were to do it it would be crimson damage so call the police

It’s not currently clear exactly what that hatch Area actually is legally and what rights others may or may not have in-regards to using the hatched area. Where does the hatched area go on the side where there is no attached house .

Just tell your solicitor you are not prepared to accept any agreements or covenants that binds you or the servient tenement but expect there to be Covenants that bind the dominant tenement in-regards to maintainance of the right of way, a covenant in regards to conditions of access for maintainance ...

An Easement and A covenant are two different things ,do let him confuse you . When someone grants an easement the grantor the owner of the land often also requires a covenant be signed that binds the dominant land to protect it from abuse not the other way around . There is no way to mitigate agains...

Your next comment should be , it’s that bad is it.

And our collective response would be , yes

Omg I just read the whole thing . Do not agree to it under any circumstances, remember you hold all the cards here. An easement is different to a covenant . You are agreeing to sell them an easement you are not doing anything that requires you to agree to a covenant . Any covenant that’s runs along ...

Hi everyone We in the process of selling an easement across part of our land for vehicular use, it seems to me that the deed that has been written is quite straight forward. However the other sides solicitor wishes to have this clause put in to the deed. (c) that the Grantor shall not dispose of th...

I have a more general question on process re relation to costs, specifically if we issue court proceedings because the 'without prejudice' letter has been rejected. In any one's experience, would an insurer still be likely to waive costs incurred to date to settle outside of court once proceedings ...

You say the access way is owned by all five properties. Do you each own a section or is it registered as a commonhold.

It’s very possible your land didn’t own them but had easement rights to use. There were lots of old houses many years ago that had such rights of use of toilets ,cesspits washrooms , laundries,Wells etc.

Any area of land in-between the piers on your neighbours side is owned by your neighbour.

A hedge is an insubstantial object as its subsequent removal has shown. It can not be classed as a permanent substantial feature. A hedge is a plant that can die or be removed with very little difficulty. Ownership of the hedge is also important and the fact that it continues into the gardens whilst...

A wall that is enclosed upon by a structure which is on other land is a party wall type B. As it is definitely a party wall the general opinion these days is the neighbour does not need any ownership rights over the wall in order to use the procedures under the act and whilst it’s not a binding deci...

Yes its the latest legislation .


As it was with permission the part of the wall it is attached to is now a party wall type B.


Any rights he now has only relates to the exact area of wall he currently occupies . He cant go any higher or wider without your permision.

You may have paid for it but what do the deeds say about ownership. Even if it was shared she still can’t do something to it that would cause damage to it. If it were me I know what I would do but I wouldn’t do it whilst clothes were on the line. If it turned out to be my fence I would then buy a sm...