Garden Law Discussion

.Do NOT offer any payment. This will potentially create a new contract/agreement. Thé OP has already purchased rights as defined in the deeds. Additional payment and new agreement is what the association want and any offer of payment will give it to them. Who assesses damage? How is any damage assig...

Just because you are against it and so were previous owners does not stop the clock. if he knows you and previous owner weren’t happy about the gate.....well....he hasn’t removed the gate has he????!!!! Absolutely correct that his use by vehicle would change and devalue your property.....so what’s t...

I cannot understand all this to-n-fro discussion about all sorts of issues in this case. The neighbour has had a gate in the fence for 15years. Either the OP follows the advice of his solicitor to fence his land such that the neighbour’s gate becomes irrelevant or he sits back and sleep walks into t...

What a cheeky try on! Interesting they stress they are not ‘refusing permisssion’ but want a voluntary grant of control given to them! I would reply..... I reiterate my position outlined in my letter dated..... Please provide, within 5 days, copies of documentation that you are relying upon to suppo...

Hi. I'm after some advice regarding crossing a general boundary, does this constitute trespassing? I got some legal advice six months ago from a solicitor who told me that I could stick a fence up in the general boundary area blocking the neighbour's gate and erect my own gate across the road block...

I have full right of way "at all time and for all purposes” to access my property. The Road Association are now demanding a builders Contribution "FEE" and stating my builders and merchants require permission from them to travel over the road? Unless I sign some paperwork and pay the fee I would no...

Could your solicitor propose mediation via Skype or conference call? EMployment Tribunal preliminary hearings are conducted by conference call. I agree with the points made above about the problem of acquiescence with time....acquiescence of 1year is often enough to indicate that the issues are mini...

There are no required dimensions unless a grant specified them. As long as you can manage to pass and repass from AtoB where the right of way exists then you are unlikely to successfully sue for ‘substantial interference’ of your rights. You have the right to remove anything that is on your ROW so t...

Research needed before you can determine whether there are rights associated with the gateway. Look for old maps and aerial photos of the area, as well as deeds etc. Gates in agricultural areas frequently mean that historically livestock from neighbouring farms were driven to market via old tracks t...

I would do nothing at all yet since if the neighbour tripped over the surface then they may pursue the HA if they get advice. Word of caution re insurance company.....there is a tendency to give too much detail relating to a back story...this often catches people out as one or two words come back to...

The injured person can try to make a claim against you but will have the burden of proof and will need to show negligence on your part and damages. Under normal circumstances the land owner is not responsible for the surface of a row...but there may be clauses in the grant/contract that override thi...

Number of points: Users of a right of way have no compulsion to close any gate on it. Leaving gates open on row’s Is a common protest to the introduction of a gate since a gate interferes with the inclusive use by right of a row. Whether an obstruction amounts to a substantial interference and hence...

A right of way goes with the property ie every inch of your property benefits from the right of way and all invitees can legitimately use it so yet again more hot air.
They could try to claim excessive use but this is extremely difficult to prove and win and will prove costly and be high risk.

Good learning experience. Now that you have seen this website you may wish to check out other factors that cause issues in prep for future purchases. Personally I will never buy property with.. - right of way - rights for other properties - driveway without land owned by me on both sides (people eve...

The fence matches the plan that you used to decide to purchase the property. The amount of land in dispute is what is referred to as de minimis ie so small that it is not worth courts bothering with. You have the fence posts at the end of the garden where that neighbour has the panels so you have ga...