Garden Law Discussion

Thank-you for your post Pilman. “A developer may have entered into an agreement with the council as part of the planning application that the lay-by would become part of the adopted highway.” How would I go about tracing this? The District Council planning website on-line records don’t go back that ...

Hello Arborlad, thanks for your reply. “Presumably the construction of the wall will match that of other walls further into your parents property.” The stub of wall matches their front garden wall, (and the front garden walls of the other three properties built at the same time), however the four pr...

Hello posters, I hope you are all keeping okay. My parents are having a problem with the extent of the highway outside their front garden. From Victorian times, there was a house set in large grounds. Around 1980 this was demolished and four houses, each with a driveway facing the public highway wer...

While browsing I came across a property for sale with: "A full right of way will be granted to the buyer of the property for all purposes and at all times, subject to a right for the Seller to divert as necessary, and with costs of repairs and maintenance recovered on a fair and reasonable basis." H...

This thread hasn't mentioned the perpetuity rules which may be relevant, and are mentioned here; http://www.crippslink.com/index.php?option=com_content&view=article&catid=82%3Adevelopment-strategic-land&id=1246%3Arule-against-perpetuities-is-that-old-right-of-way-still-valid-&Itemid=537 http://www.b...

I thought I'd mention that ancestry.co.uk has free census, birth death & marriage, baptism, army, railway employment records, old telephone directory, etc, searches until the end of sunday (23/02/2014).

If anyone is trying to trace land ownership, it could be very helpful.

Anon.

Hello olisun, I really don't think that you should instruct anyone to do anything that will obstruct no. 27 from using the yellow and blue land to access the road from their gym-building as they are likely to have use of it as a right-of-way (additionally, no. 25 will have a similar right of way). I...

Happydaysalways, Could you set up an acrylic mirror in the garden that would allow you to see the right of way gate from your house (or several mirrors angled to "relay" the reflection)? Probably more practically, could you mount an old-school style shop bell above the gate, so it clangs when the ga...

Gardener23, one thing to consider if you're contemplating the Adverse Possession route, is that you must not acknowledge the "real owner" -e.g. don't ask Mortgage Express if they'll divide the garden so you can exclusively rent part of it. "My tenancy agreement doesn't even mention a garden and one ...

Sallyann871, are you still interested in receiving replies on this issue? I've had a few thoughts.

leahellis3, Do you know how the piece of land behind your garden was accessed originally? Does it have any rights of way mentioned or referred to in the deeds or other documents? You may probably not be able to get a full-sized digger down it/them, but some smaller-scale equipment (if still valid ac...

Hello Marley46, I'm sorry to throw a spanner in the works, but I wonder if a few things may have been overlooked. I have also contacted the farmer (previous owner of the land) and showed him the statuory declaration. He disagrees with a few points made 1. Neighbour states the farmer put a gate at th...

"the upstairs flat has a staircase leading into our garden - which we tried to block but they claim to have right of access to the garden. our conveyers confirmed the garden is private and there is nothing in either lease to suggest any right of access for the neighbours...." Did you tell your conve...

I've now looked at older pre-registration deeds for my parents' nearby house (with reference to the covenants that have "disappeared" in later deeds). This early indenture seems key. Note: my parents' property seems to have been bought/built together with one next-door. Late 1880's Indenture (typewr...

Thanks for the replies so far Pilman, Conveyancer, etc. A change of direction now. Still wondering about the estate roads/paths plan, I thought to look at my parents' physical deeds, in case they had a map that showed any of the area in question, (my parents own a near-by property). I was perplexed ...