ROW to bought parcel of land

Collaborate
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Re: ROW to bought parcel of land

Post by Collaborate »

Please describe for me what the property 4 looks like, and what the new property 3 looks like. Photos would help.
jgm
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Re: ROW to bought parcel of land

Post by jgm »

Property 4 is their bungalow and front garden
Property 3 was the top end of his neighbour's garden, just down to grass, with what was their neighbour's shed.
stufe35
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Re: ROW to bought parcel of land

Post by stufe35 »

Is it possible to put lines on your sketch showing the extent of your land, the extent of their land and the extent of the right of way. And the area of additional land purchased.

Perhaps each in a different colour.

Your current sketch doesn't really confirm the layout and where the boundaries lie.
span
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Re: ROW to bought parcel of land

Post by span »

stufe35 wrote: Tue Jan 12, 2021 5:53 pm Is it possible to put lines on your sketch showing the extent of your land, the extent of their land and the extent of the right of way. And the area of additional land purchased.

Perhaps each in a different colour.

Your current sketch doesn't really confirm the layout and where the boundaries lie.
Yes please do that.
IdefixUK
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Re: ROW to bought parcel of land

Post by IdefixUK »

I would like to ask how the plot of land recently purchased by your neighbour was accessed prevously.

Regards
Hugh Jaleak
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Re: ROW to bought parcel of land

Post by Hugh Jaleak »

Given that plot 3 is virtually opposite their existing property, and they enjoy a ROW to access that, I'd imagine trying to prevent them using their ROW to access land directly opposite that they already own, without trespassing on any 3rd party property, wont get you much sympathy in the eyes of the law.

If they try to develop this piece of land and permanent access for a 3rd party is required then things will probably be different.
Collaborate
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Re: ROW to bought parcel of land

Post by Collaborate »

jgm wrote: Tue Jan 12, 2021 5:34 pm Property 4 is their bungalow and front garden
Property 3 was the top end of his neighbour's garden, just down to grass, with what was their neighbour's shed.
I think you need to form your own view on whether use of property 3 is simply incidental to their use of property 4. If you think you're still in with a shout you should bite the bullet and seek specialist advice either from a solicitor or barrister.
ukmicky
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Re: ROW to bought parcel of land

Post by ukmicky »

I deleted my previous post as I didn't look at the plan correctly .


All I can say is if they try to sell any produce from the other land you can stop its use, as such a use would not be insubstantial .
Any information provided is not legal advice and you are advised to gain a professional opinion
jgm
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Re: ROW to bought parcel of land

Post by jgm »

Thank you all for your replies, it would seem Harris v Flowers doesn't carry as much relevance as I thought it might do. I have no objection to them enjoying their bought plot, but having read H v F I would have thought some restrictions would have applied.
As suggested I will seek professional advice and come back to you, perhaps we'll all learn something.
MacadamB53
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Re: ROW to bought parcel of land

Post by MacadamB53 »

jgm wrote: Sat Jan 16, 2021 4:52 pm Thank you all for your replies, it would seem Harris v Flowers doesn't carry as much relevance as I thought it might do. I have no objection to them enjoying their bought plot, but having read H v F I would have thought some restrictions would have applied.
As suggested I will seek professional advice and come back to you, perhaps we'll all learn something.
all the best - and if you do need any more help just remember that it would be great for those helping if you responded to their requests for clarification
stufe35
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Re: ROW to bought parcel of land

Post by stufe35 »

I agree with Macs, if you could respond to questions asked, I for one had more up my sleeve in terms of positive suggestions to protect yourself going forward....ie you can use the potential uncertainty of the situation to your advantage. However when we can't even tell the relative size of the plots or where the boundaries are there is little point in hypothetical discussion with unknown facts.(to quote collaborate) Ie does their house sit in an acre of land or ten acres of land ? Everyone trying to help you has no idea from your diagram. It's crutialy info to be able to make relevant comment and suggestions.
pilman
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Re: ROW to bought parcel of land

Post by pilman »

It would seem that Harris V Flowers is applicable to the situation being shown in that sketch plan.

It would seem that the separate parcel of land that was purchased never had a right of way over your drive if it was part of another plot with a separate means to access it from that plot.

Now that this land is in common ownership that does not mean that this land is now ancillary to the original dwelling plot at No.4

What is now happening is very probably a trespass, but it will need legal action to arrive at a firm conclusion.

Since that will result in legal costs being incurred, perhaps you could negotiate with the neighbour to seek compensation in order to grant a right a way to this additional land for a limited specified purpose that will control use of your driveway to an acceptable degree.
stufe35
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Re: ROW to bought parcel of land

Post by stufe35 »

Pilman, that's where my mind was going, use the situation to get more restrictive wording to prevent for example the building of an additional dwelling, in exchange for legitimizing their current use as a garden. I guess the current neighbours only have ambitions for a veg patch, but who knows what future owners may try with the now increased plot size.
Collaborate
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Re: ROW to bought parcel of land

Post by Collaborate »

stufe35 wrote: Sun Jan 17, 2021 2:06 pm Pilman, that's where my mind was going, use the situation to get more restrictive wording to prevent for example the building of an additional dwelling, in exchange for legitimizing their current use as a garden. I guess the current neighbours only have ambitions for a veg patch, but who knows what future owners may try with the now increased plot size.
OP wouldn't need any protection to prevent trespass over the road to a new property built on the land. That would, undoubtedly, constitute use of the land in a way not merely ancillary to the use of the main, original house.
stufe35
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Re: ROW to bought parcel of land

Post by stufe35 »

You are right I picked a bad example, never the less the opportunity to redraft the easement,potential tighting its wording exists. We still don't know how much existing land there is and what scope for development there might be.
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