Garden Law Discussion

Keep evidence of all communications. If they have laid cables they have vastly increased the value of the land and reduced the value of yours .They needed a services easement to do what they did . So you have three choices if that is what they have done . Sell them a services easement for electricit...

Its about not having posts on the forum which may put people off ,preventing them from coming on and asking for help.

Currently do not speak to the council about it at least until you have gathered all your evidence as they may check to see if it’s registered. Councils however are not good at registering land so there is a chance it’s unregistered. Acknowledgment of title Is something that only covers procedures un...

I haven’t read all your posts but the below may be applicable Adverse possession law. The third condition Which prevents an owner from claiming there land back after 10 years The third condition is that the squatter has been in adverse possession of land adjacent to their own for at least 10 years u...

My understanding the diminution in value will be pleaded in lieu of an injunction .. In lieu of an in junction means the current status quo remains and you get damages to make up for your reduced access now and in the future. So you need to win your case and the court then has to determine . A. If ...

He is not a tenant so has no protected rights of occupation against the paper owner and as it’s your land and your right to occupation is better than his , common law allows you to enter without a court order and remove his stuff and then fence it off. If he is on the land when you do it you have to...

In lieu of an injunction. So you are happy to allow him to keep his fence for a sum of money If you win the court may not agree that this is something where damages should be paid out in lieu of an injunction (it being a simple fence )and grant an injunction instead and order damages to be paid of ...

In lieu of an injunction.

So you are happy to allow him to keep his fence for a sum of money

No because ownership rights to airspace do not extend out horizontally they extend up vertically. The legal dictum is since the 17th century is ‘he who owns the soil owns up to heaven and down to hell, The person who owns the rights to garden owns the rights to the Airspace above the garden so his t...

Your Tyneside flat is no different to other flats. You owning his freehold and him owning yours is the normal practise all over the country. No you have no right to perform the action yourself and his lease trumps your freehold right. Normally he is legally under no obligation to cut back his tree I...

A wooden fence is not a party wall fence. It may sound odd but the word fence in the party wall act does not mean wooden fence. A wooden fence can be shared but it doesn’t come under the party wall act legislation . The deeds saying it is shared doesn’t mean after all these years it is now. It all d...

What makes you think the marketplace is highway land

I agree with Mr sheen .

You will need to place a waterproof membrane against your wall and then return the land back to normal

???? 'Excessive speed'= excessive use???..definition of 'excessive speed' on roadway with no speed limit? Just because its a private road with no expressely granted maximum speed limit ,there is nothing legally preventing someone taking a case to court to gain a ruling on a new scenario, asking for...

Even though there has never been a case I could see excessive speed as being a potential tort for excessive user.

Maybe i should check out the criteria