Garden Law Discussion

A ROW does not give the dominant owner the right to swing a gate over the land in question. Swinging a gate open is not an act of moving from point A to point B so as to exercise a ROW.

Hi Bellatrix LeStrange, My understanding of chronology: Event 1: the owner of the whole sells off No 4 and reserves a RoW over that land for the remainder of his property - shaded yellow. Event 2: the owner of the remainder sells off No 3 and grants a RoW for it over the remainder of his property -...

As plot 4 sold first, the only rights you can enjoy over that plot are the rights reserved to the seller in that sale transaction, which is a right of way over the yellow shaded area. Your investigations need to centre on whether or not the plan for plot 4 is accurate in its shading. Whatever you ge...

The thread by Conveyancer is good law, as supported by the quote from New Law Journal I posted on this thread https://www.gardenlaw.co.uk/phpBB2/viewtopic.php?f=4&t=21347&start=120 . It is still good law, as nothing has changed in the last 10 years. A google search is no substitute for Conveyancer's...

Council will do nothing. It is a private dispute. Be thankful they empty your bins.

It's all down to you.

Planning don't care who owns the land. That isn't their function. It's also irrelevant from a planning perspective what third party legal rights may be affected by a development. Your opportunity to stop the development occurred most likely when it was being built. But no one did anything. That dela...

Doesn't stop facebook announcing birthdays (for those willing to trust them with the information).

A right of way gives you the right to pass and repass and as long as you can physically get to and from your driveway then the extent of your rights are being fulfilled. You will have to prove a 'substantial interference' to your ability to pass and repass and the amount of passing space shown in t...

Did you apply for legal funding through your insurance policy?

Hopefully this article from the New Law Journal (2008 - the law hasn't changed to a material degree since then) will shed some light. Plans Land Registry's requirements In the case of registered land, the first point of reference when trying to establish the extent of a property will be the Land Reg...

that looks like an entirely sensible analysis of the situation. Is that what your lawyers said?

They are highly unlikely to fall within the high hedges legislation unless you have a shallow garden.

Pipes don't drain up, surely? They always drain down.

No point appealing enforcement action when, if you want, you can apply for PP.

Annie08, I do not think it usual to rectify the Deeds to suit the fence position, rather the fence position should be rectified to align with the LR Title Plan. This is only partially correct, the Title Plan is only intended to show you which property you bought, not where on that property the boun...