Garden Law Discussion

The reason I asked is because under the LRA 2002 the adverse possession process was set by statutory law and the land registry were given sole legal responsibility to determine adverse possession claims and any claim for possession in the the County court has to be adjourned by law if there is also ...

Have you logged a claim under LRA 2002 or is it an application for first registration FR1

Most universal service suppliers are currently cancelling most non essential work as they have no idea what future staffing levels will be due to the virus and need to ensure as much of the essential work is completed Now.

If his property is not registered for it to bind successors in title it will need to be registered on the charges register, if it is you can gain a copy.

Restrictive covenants can be easy to enforce however you don’t have the benefit of it so can’t enforce it even if it’s enforceable

If it's a professional opinion you're after make sure you get it from your solicitor. You won't get that here. Ditto. This is to complicated for a forum. It’s possible you have a legitimate claim to the lane especially if it’s unregistered at the land registry but so much is dependant on any rights...

The best way to resolve the situation if it is intended to create a new access to the plot would be to ask the current road owner if that can be done. An entrance nearer to the main road will mean less use of the original length up to point B, so that should not present a problem to the current own...

An easement is about benefits and burdens . The benefit the dominant land gains from the easement and the burden the servient tenement has to accept. No matter how it is written it cant restrict the use of the dominant land or what happens on that land. An easement is not a restrictive covenant so a...

A diagram is needed

If you have allowed access . In other words access was with your permission that will not prevent an adverse possession claim .

I had no issue with the link on my iPad.

I normally only post replies that are necessary or where the answer may be hard to find , as I have a very busy life. What is required for a contract to be deemed a legally enforceable under the law is very easy to determine with a few minutes worth of research. Someone taking the time to research t...

It’s the same maps that the OP wishes to use to try and show he owns this land.


For the presumption It’s also up to the OP to prove it was a highway or private ROW. The word street on an old map does not do that.

Thanks for the advice guys. Much appreciated. On closer inspection there are some buildings on one of the plots so you could argue the open space was a private road which may have serviced them. It certainly doesn’t seem black and white! No it’s now very grey and grey is not good if you want to rel...

then an open space between 2 parcels of land before being noted as a street, albeit a rather short one. For this land to be yours under the presumption it had to have been part of your title before the street was created or presumed to be part of your title .You don’t need to provide positive proof...

If the road was highway the presumption which can be rebutted is the highway also includes verges etc and runs from fence to fence . You say this was previously a street. Was it a private street or public highway . If it was a street which was classed as a public highway what has changed . Has it’s ...