Garden Law Discussion

There seems to be confusion because the path is a public ROW but you have a private ROW over it. The council has very right to close a public ROW but they need to make special arrangements so that you can get into your garden. You need to make strong representations to the council so that special ar...

Hi famflips below is a reply I gave earlier this evening. You were asking on October 16th about a legal case - well the Delaware Mansions case is something you should mention when you write to the LA. This a reply I gave a little while ago about tree roots which gives you all the references you will...

http://www.publications.parliament.uk/pa/ld200102/ldjudgmt/jd011025/dela-1.htm In the Delaware Mansions case 25 October 2001 Lord Cooke of Thorndon delivered a judgement [which had unanimous support of fellow judges] in which he dismissed an appeal by Westminster City Council who were claiming they ...

To's link is important rabbit. I didn't have it to hand when I replied but printed out a copy of High hedges Prevention and Cure several years ago - and suggest you do the same. It gives valuable insight into how and why LA's investigate and rule on complaints. You will need all the information you ...

Hi TO The following is a quote from High hedges Prevention and Cure [/i ]Published by ODPM - now defunct I think or with different powers under Nick Clegg! But the quote is from a Consultation Draft and it did not go into the legislation! So you were right to challenge me. Thanks for that. Duration ...

rabbit it's not pleasant being involved in a dispute with a neighbour but it is not acceptable to have to live for years on end under the shadow of high hedges. I should know because after nine years of trying to be reasonable, sharing hedge cutting costs, even putting in an extra window into a blig...

You say that when you exchanged contracts there was a gate at the bottom of your drive and you were given a code to the padlock. Who gave you the code? Who owns the drive? You, your neighbour or somebody else? You say you purchased the land with its own drive so do you own it or is there just a cove...

Bunny2 it seems that your neighbours are trying to claim access to all your property rather than to a specified ROW. You say that deeds are vague and do not specify the width or route of the ROW. Your solicitor needs to get a definitive explanation from your neighbour to discover exactly what they a...

It is your neighbour's responsibility to cut the hedge in accordance with High Hedge legislation. Do as despair suggests and go on to the Hedgeline website. It is not expensive to join so I suggest that you do that so that you can get access to specimen letters and help in drafting them. Height of h...

Also put a prominent notice up in front of the gate saying PRIVATE LAND: NO RIGHT OF WAY. NO PARKING. Take a photograph of it and note the date.

Your solicitor protected you since no prescriptive ROW can be established if an access is used WITH PERMISSION. There is no ROW in your deeds so you must close of the access asap so that new tenants/owners do not think they can go across your property.

From what you say is in the deeds you have a ROW along a drive 4mtrs wide with 2mtrs of grass either side. You have absolutely no right to add the verge either side and would almost certainly lose a court case.
Someone else owns the track and verge - end of story!

You would have no ROW through to the bottom parcel of land unless you put a ROW in the deeds both of the house you're selling and for the parcel of garden. That would certainly cause some hassle because unless you could have a separate drive to the bottom, you would be expecting the new house owner ...

It sounds as though you have acquired an easement to park in the same place over a 20 year period. HOWEVER If within a 20 year period you park WITH permission or by payment or licence, then you CANNOT claim an easement. NB if you are actually parking on the ROW - or even a small part of a ROW of a s...

petal what you are experiencing is par for the course. Bad people do everything they can to cloud the issue in order to escalate costs and force out opponents through lack of funds. Stay focussed [and keep your solicitor focussed] and don't pursue arguments that stray from the main aim of your case ...