Garden Law Discussion

I thought this had died. Legally binding adjudications have no real teeth and would always have to have an appeal route or claims in equity will climb rapidly. ALL civil suites have the problem of enforcement of judgment as the losers are very adept in hiding their assets. My belief is that the prot...

Just refuse the developer any access and keep clear of this mess altogether. You will loose garden and you are facing aggro with the council. Is it worth the money. The council also have the cheek to want this development AND take money from you as a bit of cream on the side.

I agree with Collaborate that an LBA is going to be the only method of forcing a response, particularly as they have previously agreed the fence is out of alignment. Without detailed evidence an assertion of adverse possession is not necessarily a game clincher and you need all their evidence such t...

Recently I assisted someone who had a legally granted right of way across the neighbour's land, but that burden had not been recorded on the neighbour's land when it had been first registered many years after the house that had the benefit of a legal right of way granted had been registered. Becaus...

I would personally, address the problem straight back to the Council as the freeholder of the flat. Write and expressly ask them to confirm in writing that they do not wish to have any form of RoW over your garden and that the inclusion of such in the neighbours tenancy agreement was an error. They ...

I would be tempted to reasonably respond to Xs sols stating that the purchase price of the RoW would be closer to 20k+ rather than 1.5k

It is also a direct breach of the pesticide legislation, you cannot, even as a licensed contractor, apply pesticide to land or plants on that land for which owner approval is not given.

I am afraid to say that there is no way you can force a neighbour to cut the hedge on your side of the fence. You are entitled however to cut it right back to your fenceline.

The police do not enforce any matters concerned with fly tipping - this is environmental legislation enforceable by the LA and the Environment Agency

Sorry but that is the way BBC has determined iplayer will operate.

arborlad I am talking in terms of taking the water out of the ground and making use of it in some way. If it is a broken mains or similar supply then indeed the situation is complex. The water companies have powers over any water abstraction but that does not apply to growing plants as long as you d...

That's OK but digging a well is abstraction. Many farms have historic rights such as my wife's grandmothers farm in Lincolnshire where the rights went back to early 1600s

You still would need an abstraction permit from the relevant water company. However the old deeds may show that a historic one may still exist.

Time to look at your deeds and determine precisely what the agreement was when the land drain was installed. If you are fortunate it will state that was for the onward drainage of water and mentions no other materials permitted. You can then repair the drainage on your land leaving the current drain...

Ask yourself truly how is this really affecting me and damaging my fence. Court processes are hard and emotionally draining so do you really want that. The paint faces him and yes strictly he should not have done it but is it worth the hassle