Garden Law Discussion

Ralph Hi and welcome. It would be better to start a new topic about your water pipeand the water company by opening this section and clicking 'New Topic' - top left.

They are trying to stop you having a right of access on to the land. Sit tight and if it doesn't work out in your favour put in a post and wire fence. Who knows who might get in and out via that though.

This problem over the boundary dispute and Tomlin Order is much too serious to have side niggles between those trying to give advice. It is only when you have been dealing with unscrupulous neighbours - yes and have been bullied - for several years as lancstudent91, despair, we and other members of ...

Look carefully in the hedge to check that there are no stakes which could be remnants of an old fence. If there are any take photos and reinforce then. Also check for markers etc at each end of the boundary. Quite often there seem to be more boundary problems when property changes hands so you do ne...

There seems to be a lot of confusion over what court action entails. Two opponents don't just turn up in court and have a slanging match in front of a judge. There is a long rigmarole to go through before a case is listed. There are pre-trial hearings, a statement of claim has to be made and a defen...

If you have legal expenses insurance it us usually written in the agreement that you contact the company as soon as you realise you have a dispute. That way they can take control of the case from the beginning and, if appropriate, take the case on and appoint a solicitor. There is also a time limit ...

Did you not get a Declaration on the correct line of the boundary. Your solicitor must go back to the court to get this so that plans etc can be lodged with the Land Registry. Then the dispute will be over - subject to more tricks and delaying tactics that your opponents will dream up. Insist on a d...

Walk away - the property was misrepresented and not worth what you paid. Even if you got a reduction in price, you would not have the privacy you expected and will hate having strangers sitting in what you thought was your own private garden - and coming and going as they please. Mr Sheen is right a...

Great answer.

So Tony the moral of your story is to act quickly when anyone blocks off a Right of Way - as you did the second time. And fortunately the police kept out of it - as they should do unless a crime is committed. I suppose, looking back, you wish you had got hold of a JCB and removed obstructions as soo...

Hello Anthony
I've returned to the forum after a long break due to illness and a long fight to procure compensation for a relative due to NHS negligence after he was let down by solicitors.
I just wondered whether you got your ROW back?

You cannot sit on your hands and do nothing. Under the House of Lords Appeal Court judgement in the Delaware Mansions case 2001 your neighbour,as the tree owner, will only be responsible for reasonable damages that occur AFTER she has been informed that her tree is causing damage to your wall - whic...

I agree with Sudynim.

You need to obtain an expert surveyor's report identifying the cause of the damp [with the expectation that the neighbour's wall is the cause] and the cost of remedial action. Then issue proceedings in the small claim's court to recoup the costs. But before you do all this,write warning your neighbo...

Stick with it and push to get a final court date. I know all these tactics to escalate costs and drive you away. They will settle at the door of the court and then everyone will argue about costs. Even then they will try to introduce other traps and tricks so keep your wits about you until you get a...