Garden Law Discussion

In my opinion it is the previous use of the made-up road to access the part of the track which is important here. I have asked before " where is the kerb". It is not clear in the photo but if there is a kerb at the end of the made-up road where it meets the old dirt track then one might argue that a...

My understanding, having just heard about it today, is that the quasi-easement has to have been something used when the land was as one - this becomes an implied easement when the land is divided. In this case number 5 were not using the entrance to gain access to their back garden when the land wa...

so, unless it can be shown the dirt track was also used to access No 5, an implied easement may not exist. The dirt track behind number 5 never served number 5 Wouldn't the situation actually be to see (if looking for a quasi-easement use) if the made-up roadway was used to access the dirt track (w...

Hi vegansavage, I’ve seen the pics - none show the extent of the neighbour’s property... kind regards, Mac vegansavage. Please can you post a copy of the current Land Registry Plan for any of the parcels of land that are currently owned by your neighbour...perhaps you can indicate the part purchase...

I read most of this, it was very interesting. The bit that really stuck out was "A conveyance of land abutting on a highway, or a non-tidal river, passes the adjoining half of the highway, or of the river bed" Exactly.....But then read the next paragraph about rebuttal...or rather under what circum...

Suggested reading:
https://www.bailii.org/ew/cases/EWHC/Ch/2012/1248.html

Regards

I hope you've read and understood the "sticky"post in this section "A very informative post about boundaries and plans" by conveyancer. Do you think it is possible that the land of number 5 was conveyed using the (existing) kerb at the end of the "way" as a boundary feature, especially as it seems t...

Leaving the question of adoption for a minute, how much distance is there between the kerb and the gate, are we talking a few centimetres or a few metres? Do you know why MOD officers and/or their families were accessing the field? Eg is there a public footbpath running through the field. Does the f...

Hello again, There is an"L"shaped area within the property of number 5 which is shaded grey (on the image provided). Is there anything "on the ground" which follows this area. Is there any mention in the title deeds (the written part) of either number 4 or 5 relating to this area. I would like to kn...

Hello vegansavage, I would like to ask you which property (4or5) was the first to be sold by the developer. I think that the order of sale is important for any ad medium filum presumption . If 5 was sold first then (so far as I'm aware) the presumption would be that half the width of the road was so...

Hello thisandthat. I hope that the property you are interested in purchasing isn't in one of the following situations. "In some areas of the country, known generally as 'designated areas', permitted development rights are more restricted. For example, if you live in: (Copied from the planning portal...

Hello again Peacemaker. Please be aware of the case Chamberlain v Lindon [1998] EWHC Admin329 of 18/03/98. Especially paragraphs 44/45/46. I think that this would explain why it might not be so wise an action to remove the fence yourself at this stage. It would seem as though your legal team are try...

Hello Paddy21, From what you say the concrete fence is now holding back some 5-6 ft of infill and soil... I'm not surprised that the fence has moved. So far as I'm aware, in general terms, the party who alters the level of the land is the party responsible for any damage or nuisance that it causes. ...

Congratulations on your news. I suppose you should keep that particular news "close to your chest"(forgive the pun) as far as the neighbour is concerned as it may influence his position regarding any negotiations between you, should it come to that, in that he would realise that you will be pressed ...

I wonder if you have considered swapping houses with your inlaws, it would save a lot of builders' dust.

Regards