Search found 7 matches

by MillyMoo
Wed Sep 20, 2017 10:33 pm
Forum: Rights of Way
Topic: ROW/Garden Encroachment
Replies: 11
Views: 2182

Re: ROW/Garden Encroachment

Fair point! I'll take that on board thanks Mac. Solicitor also mentioned this: The chippings arguably could impede your right of way. It potentially is a tripping hazard giving rise to potential liability ... I am just looking for options that we can use to reason with the neighbours. I believe they...
by MillyMoo
Wed Sep 20, 2017 7:09 pm
Forum: Rights of Way
Topic: ROW/Garden Encroachment
Replies: 11
Views: 2182

Re: ROW/Garden Encroachment

Update: We have spoken to another solicitor who is a litigation specialist. We are not going in "guns blazing" (yet) and We are still hoping we can talk sensibly to the neighbours, and hope they have "innocently" done this work and will see reason. However we felt it would be good to have the full p...
by MillyMoo
Tue Sep 19, 2017 7:12 am
Forum: Rights of Way
Topic: ROW/Garden Encroachment
Replies: 11
Views: 2182

Re: ROW/Garden Encroachment

Yes, that is also a good point. I think the AP tactic has been dismissed as we no longer have exclusive use of the passage since they took it into their garden, and now as you say ROW over the land. We think the obstructing our ROW should hopefully make the neighbours see sense. They can't own this ...
by MillyMoo
Mon Sep 18, 2017 4:24 pm
Forum: Rights of Way
Topic: ROW/Garden Encroachment
Replies: 11
Views: 2182

Re: ROW/Garden Encroachment

Thanks Macadam. Our solicitor points out that although we did have exclusive use as it only leads to our house and nowhere else, it is already too late as the neighbour has knocked down the wall and taken it over.... so yes, even though they had no right to do this, we can now no longer demonstrate ...
by MillyMoo
Mon Sep 18, 2017 3:17 pm
Forum: Rights of Way
Topic: ROW/Garden Encroachment
Replies: 11
Views: 2182

Re: ROW/Garden Encroachment

Thanks Collaborate. That is a very good point. I keep thinking they must own the land and so were able to gate it, but as they don't own it, then that is a very helpful point. They have also blocked off the rear access but we do at least own that, so can enforce that. So would you say we can claim a...
by MillyMoo
Mon Sep 18, 2017 12:39 pm
Forum: Rights of Way
Topic: ROW/Garden Encroachment
Replies: 11
Views: 2182

Re: ROW/Garden Encroachment

Update - I spoke to our solicitor this morning, and this land turns out to be unregistered land. Not sure if anyone can advise on how to go about owning this land? we just want to re-instate the passageway. We don't own the passage but neither does the neighbour that has taken it over...
by MillyMoo
Sat Sep 16, 2017 9:29 am
Forum: Rights of Way
Topic: ROW/Garden Encroachment
Replies: 11
Views: 2182

ROW/Garden Encroachment

Hi everyone, hoping for some advice. We have a terraced house which we rent out. There are just two houses side by side, with a passage at the front leading to the public lane. Our house is the end house. The tenants recently alerted us that the neighbour next door had knocked down their wall, grave...