Garden Law Discussion

You cannot close off a right of way. However your neighbour will have the right to 'pass and re-pass' only. She cannot stop for any purpose - and of course damage to plants and property are criminal offences so you should collect photographic, CCTV evidence etc and report her to the police.

Yes mugwump it was the owners of riverside paths that were causing trouble when I first read about it some months ago. They were trying to close off access from adjoining properties even though home owners had had access for over 20 years. That was when I first heard about riparian rights. As for ac...

raygin you asked if anyone had heard about anything similar. I had - having read something similar happening and talk about riparian rights. I did a quick google and came up with this. Haven't had time to investigate as I'm getting lunch. Cheers. http://www.environment-agency.gov.uk/homeandleisure/f...

I've drafted to following letter your comments would be welome Dear Mr XXXXXX We refer to your letter dated 28/11/2011 in which you allege that roots from a silver birch tree growing in our garden, have caused damage to your drive. Regarding liability, in order for liability to be accepted then neg...

Hellow perkisc if you read the Delaware Mansions judgement given by the Lords of Appeal I believe that you and your parents must have drawn comfort from paragraph 34 which went to the heart of the judgement. It dealt with the issue of 'reasonableness' - something that must have been worrying your pa...

Your parents took pre-emptive action to abate the nuisance as soon as they were told that their tree MIGHT have been causing damage to their neighbour's drive. They took speedy action, and there has only been 3 months for further damage to have been caused. Because of this, and having looked again a...

Just one thought fozzy bear. Take pictures NOW of the damage to the bungalow alleged to have been caused by your apple tree, distance shots showing relative positions etc etc. Then take careful measurements of the distance between your apple tree and the bungalow. All the best.

Your problem is that you are aware that the roots of your apple tree may be causing a problem with the neighbouring property; and you said earlier that your insurance company will not help and have told you to remove the tree. The legal situation is that you are liable for any damage caused by the a...

What are you calling a reasonable height? It seems your neighbour wants to screen out your proposed granny farm . How big is it going to be, have you considered the impact it will have from his point of view? Sorry Treeman but your reference to a granny farm is an unpleasant and unnecessary descrip...

You could write a brief letter voicing your concerns about the proximity of the tree to your property and the sewer, and the possibility of damage from roots as the tree gets bigger. You could also mention that you have been advised to bring the matter to their notice as they and/or their household ...

You should also read up on the Delaware Mansions case.

Once a right of way - always a right of way - that's the rule in 99.9% cases! So unless the ROW is totally blocked and incapable of being re-instated the answer for all practical purposes is 'no'.

http://www1.landregistry.gov.uk/fees/portal-fees Thanks arbolad! That's a very timely reply and it just goes to show how easily we can get diverted from an official search on to a completely different commercial enterprise! The above link is the correct one, and documents are available at a more rea...

http://www.landsearch.net/fees_eng.asp Further to my reply above I've been looking at what I THOUGHT was the Land Registry site as I was thinking of ordering some documents. They're not cheap ON THAT SITE!! However arborlad HAS REPLIED TO INFORM ME THAT THIS IS NOT THE LAND REGISTRY SITE - and you'l...

Well let me deter you from taking any issue to the county court since it can take over five and half years to sort out - especially if opponents are millionaires and the boundary is alongside a ROW over which you have rights! [Thankfully we had legal expenses insurance - which only come into play if...