Garden Law Discussion

I think that you would get better responses here if you were to post the wording of the ROW , and draw a diagram or two of the situation showing the properties concerned and the ROW. It would be helpful to know which properties were intended to benefit from the ROW at the time of the deed. Please en...

The conveyance say "a little more or a little less" and the plans says "Aprox" In both cases the writing is just after the measurements. You seem concerned about what "a little more or a little less" could mean in reality. I would say that modern surveying methods can plot to incredible accuracy wi...

Janieb,
Your friend has had contact with the HA so they are aware of the situation. They seem to say that it's his problem. If your friend did erect a bollard do you think the HA would sue him for that? Even if they did, he could get it removed.

Regards

(Be the same, a little or less) On very dark and extremely foggy night in the 1970's I was crossing Parker's Piece ( effectively a park in the centre of Cambridge) I managed somehow to get to the point where the paths met in the park centre by following the vague light of an ornate street lamp whic...

......I had asked them for a boundary agreement with the local council because they had moved their rear garden fence out into the rear public alley by half a metre. So I really would like them to get the correct measurements of the boundary to the rear of the building so their 3 metre deep extensi...

[/quote] This may not be an issue, but it alarmed me when you stated that the ROW was present on the freehold title but not on the leasehold title. That would suggest that you have leased the bulk of the property but that you've not leased the ROW. That could be a problem, as then only the freeholde...

The only contentious thing is that that the written conveyance says, "width of X or there abouts". and the plan that is attached to that conveyance has the width measurement marked at "X aprox It would seem to be quite common to find either the phrase " shown on the attached plan which is for ident...

Cintapoppy1, Having looked at the photos two things come to mind. Firstly there appears to be some wooden fencing in one of the shots, this fencing appears to have "its good side" facing the neighbour's property, and the posts on your side. This would suggest (but not necessarily prove)that the fenc...

I'm no expert but do take a look at the case Beale v Beale EWCA Civ 1883 (28 November 2003). I think it should be titled Beale V Harvey. It might give you some hope if there is a physically possible way of re-siting the screen to it's correct position.

Regards

This can be, I believe, a complex area of law. Certainly where considerable sums of money are involved I would suggest that your friend seeks professional advice from a law firm who have a specialist. It might save a lot of money and worry.

Regards

Please bear in mind whilst the courts like people to use mediation they do not expect either side to give up any legally held rights in order to resolve a case . There was a case in the appeal court I read last year (don’t know its name now ) where one side refused mediation as there was nothing th...

Hello Beara,
I would be interested to hear what your conveyancer has said about this.
Perhaps there is a case here for a rebate on the price that you paid for the lease.

Regards

Hello Peacemaker, Thanks for the update. I have never been involved in mediation so can offer no advice, however I hope that you realise that your insurers may well want to see an end to their potential liability. I hope that they don't steer you towards accepting an agreement that you cannot comfor...

A case law I found very interesting to read is Smith v Garrard [2004] where such a covenant was oringally thought to enlarge the Easement but the decision was overturned at appeal due to the judge's different interpretation of the covenant wording. Hello IonSquare75. I think that if you re-read tha...

Yes you are right. Annoying and inconsiderate though it is I need to focus on the important issue. I'm pleased you agree. The Right of Way issue is by far the most important for you to sort out, by bringing a few dropped hedge clippings into the argument might make you appear petty and vindictive (...