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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 30620
Experience:  Over 5 years in practice
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Customer Question

hi, I am sending my neighbours a letter regarding their claim for prescriptive rights on a pathway running the length of my garden. the letter will explain the situation and i will send it. the thing I need advice on is the issue around permission. they have been using the path with permission for years, I have raised this in my letter hoping it will strengthen my case, but am feeling this is a bit transparent and may go against me
any advice ? letter following
Submitted: 3 years ago.
Category: Law
Expert:  F E Smith replied 3 years ago.
Good afternoon

What did you want to know about this?
Customer: replied 3 years ago.

this is the letter

Dear XXXXXe and Mick

I have decided not to go ahead with erecting the fence up on Monday as planned as it feels aggressive and hostile and I don’t want to escalate what is already a difficult situation.

Can you please make your claim for Prescriptive Rights with the Land Registry, if you have not done so already. I would like to enjoy some privacy in my garden for the summer and allow Daisy run free, I am also keen as am sure you are to remove the unsightly temporary fence.

It is my understanding from Land Registry, that claims for Prescriptive Rights take a number of weeks to process. I will be informed of your claim and the case will go to the adjudicator. All this will no doubt take months, you will obviously continue to use the path with permission as before.

My offer of allowing you the majority of the path to be used as your own with the fence running along the inside ( my side ) apart from the first few meters outside my back door, will be withdrawn. This was an offer I thought to be very much in your favour and I suggested it in order to get both the fence erected on Monday and give both of us agreeable outcome.

It is not as I have said my preferred option to erect the fence before a resolution, however I ask that you please swiftly make your claim as if no resolution is obviously imminent, I will have no option but to erect the fence and bear cost of it being removed should your claim be successful.

I trust you appreciate that this is not a personal issue and only that not having full private use of my land outside my back door is detrimental to both my enjoyment of my property and the value of my property.

Regards Jane

Customer: replied 3 years ago.
Relist: Answer came too late.
Customer: replied 3 years ago.

where is the answer ?

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