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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
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Experience:  Solicitor with over 15 years experience.
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I have a piece of land just beyond my garden and time

Resolved Question:

I have a piece of land just beyond my garden and for some time my neighbours have been trespassing over it to get to one of my neighbours house next door but one. I found out only the Christmas before last that my neighbour is an industrial chemist who works from home and for some time has been emptying substances he has concocted in his garden shed all over my land. My husband kept this land mowed up until his death in October 2005. I took over the mowing of this land but noticed that within a couple of me mowing a section of the land it would turn bright orange overnight.
I was at a loss to know who would use my garden to dispose of the this sort of substance and eventually I gave up tending this piece of garden land about two or three years later.
At Christmas 2013 I received a letter, a copy of which my neighbours received also. from my next door neighbour that described what her four children had been doing during the last year and mentioning that her husband was a chemist who worked from home in the garden shed. The penny dropped immediately. A short time later I noticed, when closing my bedroom curtains before retiring for the night that one of my neighbours sons was carrying a reasonably large container which was obviously full. He made his way through my shrubbery and into the land beyond my garden. A few minutes later he returned and the container was obviously empty.
I have a strong feeling that my neighbour is going to try and obtain my land. It had planning permission for residential development but this lapsed in the 1970's before I bought the property.
Can you please advise if I may have lost my land to my neighbour?
Many thanks.
N.G. Bristow (Mrs)
Submitted: 2 years ago.
Category: Law
Expert:  LondonlawyerJ replied 2 years ago.
LondonlawyerJ :

Hello, I am a solicitor with over 20 years experience. I will try to help you with this.

LondonlawyerJ :

I can't see any reason to think that you have lost this land from what you say. Your neighbour will gain no rights to your land from secretly using it as a dumping ground.

LondonlawyerJ :

They would need to have been using the land for access continuously for 20 years to even think about gaining a right of way through prescription (long use).

Customer:

Thank you for your advice. I feel relieved that

LondonlawyerJ, Advocate
Category: Law
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Experience: Solicitor with over 15 years experience.
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