Just a few thoughts.
Volumiza has access to a private lane. The lane runs between a public road, and a field. There is a public(?) footpath in the field. The end of the lane is fenced.
I won't have access to a private lane, I will own a drive that 2 other properties have rights of way over and forget the footpath, this isn't about me hopping over a fence to take a 12 metre shortcut across a field.
jonahinoz wrote:Volumiza indicates that he has access to the full length of the lane, but according to his map, he does not need access along the lane beyond his plot of land.
As earlier explained, my map is a very simplified version of how the land lies, I didn't want to reveal too much due to being in a legal dispute regarding an adverse possession claim.
jonahinoz wrote:Question 1 ... Is Volumisa wrong in believing he has access to the end of the lane? If he is right, what was the purpose of giving him access to the end of the lane. I suggest it was to give him access to the public (?) footpath in the field.
The access along my drive will be to access my new garden. Others use it to access theirs. No problem.
jonahinoz wrote:Question 2 ... Was the lane in existence, with access to the public (?) footpath, before the now dilapidated fence was erected? Does that raise a question about whether the gardens fronting the lane have a prescriptive easement allowing them to access the public(?) footpath via the lane.
No access to the public and it is not a lane. The fence was put up by one neighbor but it spanned two properties and beyond the limts of their own property. I am simply asking if the person who erected the fence over my new property will have any rights over my boundary just because they put a fence up that stretched beyond their boundary? Can I order it to be taken down? After being in dispute with these people I do not want them claiming any rights over any other part of my property. It is not a boundary I share with them, I share it with a farmer. They just decided to fence the whole stretch of boundary and now claim complete ownership of the fence.
jonahinoz wrote:Question 3 ... Can a prescriptive easement be gained by climbing OVER a dilapidated fence.
I don't want to claim a prescriptive easement.