Garden Law Discussion

The thing that is puzzling me is why you are trying to determine your boundary by reference to the OS map rather than the deeds and title plan. Could you explain? An OS map will not ordinarily help you determine a boundary.

The law is very clear. Whilst you can enforce the positive covenant (if neighbours are the original owners), they have complied with that by the fence being there. There is nothing restrictive in the deeds to then stop them planting a higher hedge. You can trim it back yourself.

Pilman : I had missed the point that at the time of the deed the servient land was unregistered. PG 62 does not, in part 2.1, say what to do if the servient land is unregistered, but if the roles were reversed and the dominant land was unregistered then it would be necessary to file an AP1 to note ...

The covenant you describe is a positive covenant, and they aren't enforceable against successors in title. If the neighbours are the same people who entered in to the covenant you can enforce it against them. If they have since sold the property you cannot. Also, it is not a restrictive covenant, so...

We have one of those. Never had a problem with it. In fact, if you look at some of the problems people bring to this forum about trees, for the owners of the tree, having a TPO will prevent many as no one can (save in very restricted circumstances) alter such a tree without formal consent.

Forget about the distinction between equitable and legal easements. That's a red herring. The fact is that the only question you need to ask yourself is whether or not, 17 years ago when you bought the property, you were bound by the ROW deed. Practice Guide 62 deals with precisely your situation. S...

Thanks for the responses. I’ll try and attach a drawing later. The document does state it is a deed, so if it is called that, are you saying the land is potentially bound by it forever? No ,it’s not registered so it’s not a legal easement. The payment in March is also not for maintainance it’s to e...

Perhaps others may have a different position, but that sounds like an express grant of a ROW to me, intended to bind the land. The wording says in consideration of the foregoing the Grantee shall on the first day of March in every year pay to the Grantor the sum of Forty pounds as acknowledgement t...

Perhaps others may have a different position, but that sounds like an express grant of a ROW to me, intended to bind the land.

An overiding interest is a registrable interest that is not registered, but the person who owns the interest is in physical occupation of the property. It usually applies to someone who claims a beneficial interest in the property under a constructive or resulting trust.

Hi Urbanmum, Our land is clearly marked as it was unregistered when we bought it the date of this transaction will determine whether you neighbour’s claim that his land has acquired a prescriptive easement over your drive has any merit - if you bought +20 years ago then he may have a case, any soon...

If they haven't got prescriptive rights it is not your problem to resolve.

arborlad wrote: ↑

Sun Sep 09, 2018 9:46 pm

The intention of the person erecting the fence also has to be taken into account.

Which in every instance of encroachment by fence is to claim additional land for themselves and define the boundary of their land.

This old chestnut that what is fixed to the land belongs to the land is often quoted on this forum. I do not believe it to be quite so simple. It originates when someone sells land to someone else; Quicquid plantatur solo, solo cedit (Latin, "whatever is affixed to the soil belongs to the soil") It...

Please refer to my previous response to this issue since the answer is basically the same. The property has the right of way and anyone going to that property can use the right of way even if that is paying visitors. The only issue is the running of the business and to enforce that you will need to...