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 assi...

Ignore quasi easements for now. The burden of proof for that falls on your neighbour.

What you need to concentrate on is finding out whether the road has been adopted. If it hasn't, you can do what you want with it (as a road) provided third parties have no rights over it.

There is only so far that communicating like this can take you. You need to stand back from this message board (other than to let us know how you get on). Get a lawyer involved. You either carry on regardless (and challenge them to get an injunction or claim for damages issued, which you defend) or ...

You have a ROW for all purposes. You can confidently rebuff this cheeky and unwarranted request.

Ok, so the neighbour can backfill directly against the boundary wall and have a fence as close as they want, so there is no restriction even although I would need access to repair the other side of the wall. This is as long as they use the fence to support the backfilling of the land... As it stand...

No I don't.

There are no hard and fast rules which, if applied, mean you'll know precisely where to draw the line.

It depends on negotiation with HMRC in the event of a dispute. A large country house will have a claim to a larger curtilage than a 3 bed semi.

OP cannot agree to abandon the ROW without consent from their lender.

MacadamB53 wrote: ↑

Wed Jan 08, 2020 7:39 pm

Hi Paddy21,

sounds to me like the fence at the rear of your garden may well belong to other side.

Why does it sound like that to you Mac? I can't see anything the OP has posted that tells us one way or the other, particularly if the transfer deed is silent.

Make sure that there is a verifiable record of his claim to have had permission, and that the permission you give now (or don't give, as the case may be) is properly recorded so that you can produce it before a Land Tribunal or court in the future if need be. Securing the necessary evidence of a cle...

Have a look at this https://www.honestjohn.co.uk/news/legal ... ng-rights/

Whether the police will enforce it is a different matter.

Why do you need advice on the way forward? You've already spent the money. Just wait until someone complains, and if they do, look at the proof of their entitlement nd act according. It's likely your neighbours also have a right of way over the lad so at any time in the future anyone with a ROW can ...

If you're so sure that it's a nuisance I'm not sure why you're posting on here. There is an obvious remedy for nuisance. See a solicitor about taking action.

The neighbour's claim is complicated by the fact that anyone with the benefit of a ROW has the right to keep the land in a good state of repair.

I'm not a PI lawyer so don't know how that affects your claim. You need to speak to a PI lawyer though.

Sorry, but I could not see in your now removed photos (why on earth would you remove them?) that the neighbour had done anything to compromise the integrity of your air bricks.