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Michael Holly
Michael Holly, Solicitor
Category: Law
Satisfied Customers: 6534
Experience:  I have 20 years of experience as a solicitor in litigation and other areas
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Trying to help an ex neighbour of my dead mother. There

Customer Question

Trying to help an ex neighbour of my dead mother.

There ia s terraced block of three cottages. 1 has the ownership of a right of way to the gardens of all 3. The owners of 2/3 are constantly endeavouring to widen the right of way with their cars, encroaching on garden and plants.. The owner of 1 has put in sleepers, on her land, to put a stop to this. The owners of 2/3 are demanding that they be removed .
Any thoughts please?
Submitted: 3 years ago.
Category: Law
Expert:  Michael Holly replied 3 years ago.

The starting point would be to get a copy of her title deeds (office copy entries) from the Land Registry..The title deeds might have a scale map or refer the the width of the right of way or the size of her garden which either way would show whether they are encroaching or not.This can be done online or through a local solicitor for a small fee

Otherwise, if she is sure that the sleepers are on her land, she can elect to do nothing since the neighbours will have to prove that the sleepers are impeding the right of way. However if the sleepers are on her land they will be unable to show that this is the case.

I hope this helps. If there are any further points please reply

Best wishes

Yours sincerely

Michael Holly, Solicitor
Category: Law
Satisfied Customers: 6534
Experience: I have 20 years of experience as a solicitor in litigation and other areas
Michael Holly and 3 other Law Specialists are ready to help you
Customer: replied 3 years ago.

I dont think the width is in dispute as the title deeds are available to all of them. It is basically 4 people against one single middleaged lady and bullying and harassment ( police concur ) are the order of the day. Could you come up with any cases which they might be able to use please

Expert:  Michael Holly replied 3 years ago.

Dear John

There are no cases they can use, they are trespassing if they drive off the right of way onto her land.She can sue for both trespass and damage to plants etc.

However really she does not have to do anything. I would be inclined to tell them either to put up or shut up.

Yours sincerely

Michael

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