Garden Law Discussion

Just got some information that is at least moving things forward. Thanks for the help.

This is the hand drawn map from when the land 32-36 was split three ways in the 1960s

This is no. 30's property: he has fenced across the pathway.

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this is no. 32's land. She wants the path to be used so that workmen can access her land at the rear.

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This is 28's land: the bit in green was the parking space and associated ROW to the road sold to no. 30

[URL=http://s981.photobucket.com/user/sarahnewlec/media/002_zps75fd4be5.jpg.html][img]http://i981.photobucket.com/albums/ae298/sarahnewlec/002_zps75fd4be5.jpg[/img] [/url] Our house is outlined in red on Mill Bank. Our parcel of garden land is the red box behind 32's garden which we access over 36'...

According the the Land registry and Ordinance Survey maps, there is an unregistered pathway of 3ft width which runs from the top, right hand boundary of 36's land which 34's deed refers to having access over, past the end of 32's land (which 30 seems to have 'absorbed within his fences) past the end...

Also, Pinkie, we are a terrace of 1840's properties. The only reason 28 and 26 have access to the road is that 26 bought access from 28 when 28 got planning permission to turn their garden ground into parking space and in the late 1990's no. 30 bought access and a parking space from 28's parcel of l...

Pinkie, that's where our uncertainty lies: because the 'garden path' is unregistered and no. 30 or his predesseor has fenced it off a 'long time' ago we are unsure of our legal grounding. Our deed can only pass on certainty of passage over36's land and the 'garden pathway: the land that is accepted ...

No. 28 hasn't responded to our letters. The situation there is that his property is rented out as a number of flats, and in 1998 or thereabouts, he sold part of his garden land (which is all paved off to provide parking for his tenants) and a right of way over it to no. 30. We're taking 28's silence...

Google map has an image of the ROW, clearly delineated by fences, until it gets to the parking space for 28 where they have not chosen to maintain (or may not have ever erected) a solid boundary. These same photos (taken after we bought 'cause our shed's on there) shows overgrowth where no. 30 claim...

Have been to CAB: spent three hours there and at the planning department (who will not remove his fence because it is over 4 years old). CAB have made me a free solicitor's appointment for next Wednesday morning because I have no written record of my conveyancing solicitor mentioning the ROW, and lo...

Nobody told us the ROW was blocked when we bought. We knew that 36's garden was badly overgrown, but our vendor had had a surveyor fight to the back and put in a blue rope on sticks to show where the path existed at the rear of 36's land. We have had almost 4 years of this man shouting at us, tellin...

Just a query: finger in the wind.
How much would an injunction cost?
Sarah

Arsie, we still have no idea who owns the path. It is still unregistered and we've checked all the deeds of houses bordering the path and none of them mention the path: ours and 36 are the only ones who mention the ROW. He swings between claiming he owns all the stuff he's fenced off (his garden + t...