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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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My neighbours have a right of access through my garden for

Resolved Question:

My neighbours have a right of access through my garden for maintainence of the back of their property.I feel they are abusing this right making frequent trips into my garden when no maintainence is actually going on and have video evidence of them wandering around my garden while I was away. When does this constitute abuse of said right of access and can one get a restraining order if it continues after all conversation or mediation fails. I am wary of legal action as he is a QC ( and should behave better! ) and she is a solicitor!
Thanks. Rob
Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hello, thank you for your question. My name is ***** ***** I should be able to assist with this.

tdlawyer :

A right-of-way is usually alone a defined period, and usually across the wholw ofn area within somebody's garden.

tdlawyer :

It sounds to me as though these individuals are taking liberties that they really ought not to be taking..

tdlawyer :

The terms of the right-of-way are important, you will need to double check that they do not give a general right of access across the entire part of your land. As I said above, I seriously doubt that they would.

Customer:

It gives a right of way a couple of metres wide along the back of their house.

tdlawyer :

Yes, that would be typical.

tdlawyer :

Okay, so what you need to do, is have a pretty serious conversation with him and tell him it is unacceptable to be wandering into your property generally.

tdlawyer :

If that fails, then you can move to the next stage, and have a solicitor's letter written to him.

Customer:

If after a solicitor's letter, persistent intrusion continues, what are the options in terms of a restraining order or complaints to the Bar Assoc.?

tdlawyer :

Additionally, the case like this, you could potentially speak to the Bar Council about his conduct, should he refuse to stick to the terms of the right-of-way. They may prepare to take action against him from a conduct perspective.

tdlawyer :

Yes, that was the point I was just making :)

tdlawyer :

In terms of an injunction, to prevent continued trespassed on your land, I would have thought absent confirmation from him that he will not continue (and in the event of him continuing) to trespass, then the court would be willing to grant that.

tdlawyer :

It would, I imagine, be a straightforward application. I doubt in all reality, he would ever want such an application to be made to the court. It will not put him in a good light in the profession. I expect he'll be very keen to resolve this sensibly with you if he thinks you're serious about taking action to stop him.

Customer:

Can you explain "absent confirmation" please

tdlawyer :

Well, you should be asking him to confirm that he will not trespass again.

tdlawyer :

If he says no, or ignores you, and continues to trepsass, the court can take from that he will continue to do this in breach of you rights and that an order is necessary to stop him.

Customer:

Which court would one apply to have an injunction served please?

tdlawyer :

To the High Court.

tdlawyer :

Because you're in his tettitory here, I would suggest you get a solicitor to help you do this.

Customer:

OK , thank you , that is all very helpful. This actually applies to a neighbour friend of mine across the street who I feel is being bullied by these people. Thanks for your help.

tdlawyer :

You're very welcome. Is there anything else I can assist with?

Customer:

No thanks, ***** ***** food for thought.

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