Garden Law Discussion

I'm surprised that no one else here has mentioned the possibility of a Right of Way being established by the neighbour saying they are allowed to enter your garden to clean their gutters. A ROW needs to have a start and a finish which can't be the same point as I understand, but you would not want ...

It is absolutely right that you should not be inviting him to make the first move. If he's hanging on to your fence to peer over he's trespassing. On the face of it the fence is yours. You do not share a boundary. He has not provided you with anything to support his implausible claims to have plante...

This thread is running off at a tangent. OP has a boundary dispute. What title neighbour B may or may not have is secondary to the question of where the boundary line is drawn. It doesn't matter who erected OP's boundary fence. If it stands on what can easily be shown is the line of the rear boundar...

Send the solicitor a copy of your plans. Make sure that you are very clear in pointing out that your properties don't share a boundary. Then make it clear that you will consider any attempt to disturb YOUR fence will be treated as a criminal act, given that no reasonable person would consider what t...

A wooden fence is not a party wall fence. It may sound odd but the word fence in the party wall act does not mean wooden fence. A wooden fence can be shared but it doesn’t come under the party wall act legislation . The deeds saying it is shared doesn’t mean after all these years it is now. It all ...

His title plan (or the one attached to the transfer) does nothing to indicate ownership of the boundary feature. the T mark is meaningless, as the narrative explains it only serves to determine the ownership of boundary features as between plots on the same development. I would very strongly suspect...

Looks conclusive enough. Fence away.

I am considering selling the parking right to our neighbour. It is only a source of dispute to us now and potentially to anyone I ever sell the cottage to in the future. How do you value a parking spot? Is there any reference that anyone knows about regarding this? Speak to a surveyor. It's the sam...

There is no duty of care owed by a landlord to prevent harm caused by outside forces. There is of course a duty of care to ensure that the property itself doesn't cause harm, but OP's situation is entirely different. Are you proposing the landlord leaves the fence as is and puts this child at risk ...

If the dog gets into your garden and bites the tenant's child then the tenant will sue you since you failed to take action to prevent the foreseeable injury of a staffy getting at the small child of a paying tenant at your property and has evidence that you knew about it and did not take appropriat...

Positive covenants (ie to keep a fence in good repair) do not bind anyone other than the original purchaser. So the deeds don't make a difference one way or the other.

It's up to you if you choose to repair the fence or not.

arborlad wrote: ↑

Mon Sep 02, 2019 5:23 am

The OP seems to have taken it as a specific though.

OP has only posted once since my post. Are you a mind reader?

arborlad wrote: ↑

Sun Sep 01, 2019 7:37 pm

Collaborate wrote: ↑

Sun Sep 01, 2019 10:04 am

You don't gain adverse possession of land just by mowing the lawn before the owner gets round to doing it.

Alleged.

I was making a general point. Nothing alleged about it.

You don't gain adverse possession of land just by mowing the lawn before the owner gets round to doing it.

The only issue is where the boundary actually lies. For that, you both need to agree to jointly fund a surveyor to determine the boundary.

Okay, thanks everybody. There is no planning application online, although neighbour is the kind to just do it and to hell with the consequences (he's stupid, basically).The consensus seems to be to call the police should his builders interfere with my property. Meanwhile, am I allowed to physically...