Garden Law Discussion

Its complicated this stuff, just had a quick ready of Page v convoy and im totally lost. It that devil in the detail thing.

As said; devil is in the detail on a case by case basis. The fact that in your case access points have been expressly mentioned demonstrates that the intention was that the rest of the boundary feature remains.

Whats on the ground is not relevant in this case because the easement is clear.. Look at the wording and the plan with the yellow shaded area- it extends over the full length of the boundary. If a boundary feature was in existence belonging to the servient owner the clear intention is to allow its r...

Melbatoast, To my understanding you are to some extent correct.....issues with rights of way hinge on the actual wording of the easement and plans attached- small details can totally change an outcome of an otherwise similar case. Where the easement wording/ plans are lacking detail in some way a ju...

From the information you have given, he is wrong you are right

Development has occurred as he received my letter today... What does everyone think please? What did your letter say ? From my understanding ukmicky has it right. (he usually does !) Emmet v sissons provides the evidence you need. Your easement appears to be quite clear, the yellow area directly ab...

How would you advise going about this in the first instance please as it would involve removing a section of the established hedge and removal of the metal gates currently used as fencing? Thanks Have you established who owns these? No reference to actually hedge ownership in the deeds. If you go b...

Assuming Collabrate has it right... You have a right of way over someone elses land. Yes ? In which case you are the 'Dominant owner' and they are the 'Servient owner'. (because their land is burdened with your rights) Now you are aware of these terms you will be able to read much on the internet. (...

Can you explain.....are you 1. The owner of land over which someone else has a right of way.

OR 2. You have a right of way over land which someone else owns.


Does your neighbour who has tried to change the right of way. 1. own the land OR 2. Also have a right of way over the land.

This is a new question by a different person...best to start a new topic

Why does the pipe need renewing ? Is it leaking ? Just keep an eye when the work is being done that another service doesn't get thrown in the trench---I believe a separate £££ negotiable easement would be needed for this. He has a prescriptive right for one supply pipe. (assuming its one office/prem...

Yes just point out the logic of the situation to them (ie old house old wall vs new house) and ask them to provide the documentation which evidences the wall was sold to them.

This is an age old farmers trick, block a path with barbed wire/ electric fence, for as long as possible hoping no one complains. Then in a few years time remove the blockage and apply for a footpath closure claiming it hasn't been used for years of course now able to present photos of a path totall...

Thinking about how I would handle the situation. I think I would approach the farmer and let him know that today I have tried to walk along the path through his land but have found it blocked, please could he ensure it is cleared asap. Id let him know that I am planning the same walk next week / mon...

Hi. I wonder, are there times when it makes good sense not to enforce a public right of way. A long existing pubic footpath runs through a farm. In the sixties there was no problem walking it's entire length. But, today access is blocked. I get miffed because I cannot use the path, because it's blo...