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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My sister and I own approx acre land with derilct farm buildings

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My sister and I own approx acre land with derilct farm buildings in an aonb in Surrey. It is bordered by a water works; three private dwellings and an unadopted road. A new resident (moved in about 18months ago) has without any serious effort to trace us on Land Registry has had a proffessionaly installed gate which is for the purpose of accessing the unadopted road to walk his dog.
It is very new and well built. My elderly (we are both in our seventies!) sister had a Telephone conversation with him she said he was charming but we are having huge doubts. How can we insist it is removed and restored to as it was before, a regular 6ft fencing panel? HELP!!
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.To be clear, do you own that bit of land which has the gate on?Alex
Customer: replied 1 year ago.
No. It is his boundary fence. The new gate opens onto our land.
Expert:  Ash replied 1 year ago.
Ok - what is it you want to achieve, access as you always have done?
Customer: replied 1 year ago.
Rather, it is the opposite. Access for us is not in question, we have access, it is our land, so access is our right, not his.The neighbour has created an access for himself in his fence to give him a shorter route from the rear of his property, to the unadopted road. He is using it to go across the whole width of our land to our locked vehicular access gate (to the unadopted road) .
Customer: replied 1 year ago.
What we want to acheive is for his original panelled fence to be re-instated and all evidence of any access is removed.
Expert:  Ash replied 1 year ago.
he has a new gate to access your land, have i understood?
Customer: replied 1 year ago.
correct.
Expert:  Ash replied 1 year ago.
Have you seen him accessing your land?
Customer: replied 1 year ago.
Good question. He has cleared an area of undergrowth from the gate providing a level pathway across our land, some 12ft or so in length. Then it is grass up to our vehicular gate.
In the conversation with my sister, he 'explained' / 'justified' the gate's function that it was for walking the dog, but no, we have not seen him accessing our land. It is very prepared for his regular access.
We don't live nearby (15miles & 130miles away) and it is very secluded by large Birch and Pine trees so even other immediate neighbours wouldn't have sight of him. He's thought it through it seems. We think he's a bit of a 'chancer'!
Customer: replied 1 year ago.
Our son does bike across the local area there for pleasure and it was he who sent us pictures of the Gate etc; I can send you those perhaps? would it help?
Customer: replied 1 year ago.
As we discuss this I am of the thinking that a letter should be sent. We need to get the wording right so is that how you might help us?
Customer: replied 1 year ago.
I am just leaving my computer, I wil be back at 2pm. Ann
Expert:  Ash replied 1 year ago.
A picture would help.....
Customer: replied 1 year ago.
Hope these are useful, also found Plan of the Land. The neighbour in question lives at Brendon House.
Expert:  Ash replied 1 year ago.
I cant see anything, could you try again?
Customer: replied 1 year ago.
Added the three files again, hope you receive them this time ................
Expert:  Ash replied 1 year ago.
Thanks. Its a mixture of news. The bad news is that you can not make him take the gate down. It is on his land and he can build what he wants (within reason) on his land.The good news is that if he trespasses onto your land, you can get a Solicitor to write and ask him to stop or say you will get a Court order. if he refuses then you can issue proceedings and seek a Court order that he does not trespass.You would need to complete forms N1:http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n001-eng.pdfAnd N16a:http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n016a-eng.pdfThe Court would list the matter for hearing and decide whether or not to stop him. If the Court orders this and he breaks this, that is contempt of Court nad he could be warned, fined or sent to prison.Can I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.
Thank you for your very helpful information. I will relay this to my sister tonight (she doesn't do computers/email etc) on the phone. This will give us confidence to bring an end to his trespassing and name it for what it is!
Finally, do you think we might add extra weight to our message by erecting a 6ft fence panel right up close to his gate with a sign on his side 'No trespassing!'? We cannot be enough of a presence locally to bother him, so maybe a matching fence panel would act like ' a Watchman'!!
Comment? ..............
Expert:  Ash replied 1 year ago.
that would helpDoes that clarify?Alex
Customer: replied 1 year ago.
Hello again, my sister prefers to contact him by Phone to say we will not agree to any right of access. She wants to keep in reserve Slrs Letter etc. and that your advice has been very helpful to us.
She will step up visits to the area and as the brambles enter the growing season those he has cut down will fast be multiplying so it will be evident if has continued to walk across the land as the new growth will be flattened!! Cunning plan what!
So a softer approach is her preference in the first instance and as she lives closer it is more practical just now. Thank you once again. Ann
Expert:  Ash replied 1 year ago.
Good luck - lets see if it works.If I could invite you to rate my answer before you go today please, otherwise the site does not credit me for the time spent with you today. Thanks and good luck. Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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