Garden Law Discussion

What is extreme about that? It is well established that the beneficiary of a RoW can physically remove a substantial interference placed on the Row. Many people get ill/have fires at night.....why do you think you have the right to control use of the ROW at night? Unless the grant restricts the use ...

And keep your fingers crossed that no one needs an ambulance/ Dr/ Fire Engine in the night then....so that there are no claims against you for manslaughter. They are absolutely right to flatly refuse any locking system on a gate, it is a substantial interference to their rights.....Personally I woul...

Water is a valuable resource with potential to cause serious contamination and widespread safety risks if tampered with or contaminated and hence water companies are tasked with protecting this resource and keeping the whole population supplied with safe water. Agencies are expected to protect this ...

This may be a change of use and hence require 10 years before it will automatically be accepted.....you need to do more research.

Lets say he placed a trolley bin or some other obstruction on the ROW I would not have the right to remove and dispose of it only move it out of the way? Correct. You can remove overhanging branches so that you can exercise your rights over the land that does not belong to you. You should remove no...

+1 to above. Parking easements are very difficult to get where there is already a right of way since one can temporarily stop on the ROW for short periods....how does one prove the difference between temporary stopping and outright parking for 20+ years? Now if a car had been left parked in front of...

. The neighbour who owns the land where I park This is a key point. If you accept that a neighbour owns the land you are parking on, you accept that you have limited rights in relation to said land and those rights are to pass and repass over and along it if you have right of access to your propert...

I do live in a privately owned council house and I think maybe the contractors assumed it was still council owned - in which case there wouldn't be a problem. This situation often leads to a complex scenario. You need to check your deeds. When council houses are sold off, the council usually retain...

If your trees posed a risk to users of the HA have the right to take action (and in many cases invoice you!) to reduce the risks, and this sometimes means stabilising works on both sides of the tree. You can complain if you like, you may or may not get anywhere. Next time there is a complaint becaus...

Millions of birds chirp outside...you would have to prove that these birds are the chippers and that bird song is a legal nuisance.....not going to happen. Some of us lucky enough to have the pleasure of bird song filling the countryside and our gardens. What would you want to happen to the birds to...

I’d missed that Mac. Thanks. I envisaged a side path going to gardens over which rights had been gained...but path went along the back and is not owned by property owners. Changes my view completely. Neighbour should clear ALL obstructions from the land that was the path. OP and neighbours seeking t...

It is the land that has rights over it irrespective of who owns it.

The best way to deal with this is for all concerned to come to agreement because legal action is very costly. Ideally the neighbour wishing to exercise his rights would write to anyone with an obstruction to the free passage of persons over and along the right of way, with a requirement that all obs...

the neighbouring terraces are likely to benefit from a right of way and therefore anyone going to and from the terraces will have the right to pass and repass over your land to get to and from the rear of the other terraces, whether the pathway is defined or not within your garden.

Your solicitor has pointed out that ‘formal’ details of access are absent in the deeds, but this does not mean that rights don’t exist. Victorian terraces had paths and alleys to enable access to the rear of the properties and these were used for many years for coal deliveries, communal toilet facil...