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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9879
Experience:  I have been practising for 30 years.
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Is there a minimum width that an easement over my ground

Resolved Question:

Is there a minimum width that an easement over my ground must be
Submitted: 1 year ago.
Category: Law
Expert:  F E Smith replied 1 year ago.

Is the easement already there or is it being created?

If there is an easement on foot it has to be wide enough to take a wheelbarrow. A rather odd measurement which goes back hundreds of years but still applies today.

If you could give us the background detail on what the problem is that would be useful in answering further.

Best wishes.

Customer: replied 1 year ago.
The access already exists up my garden to a nieghbouring house. I want to fence it off and put a gate in.They have a dog and insist on letting it off its lead whilst on the path
Expert:  F E Smith replied 1 year ago.

Is the easement already there or is it being created?

If there is an easement on foot it has to be wide enough to take a wheelbarrow. A rather odd measurement which goes back hundreds of years but still applies today.

If you could give us the background detail on what the problem is that would be useful in answering further.

Best wishes.

Expert:  F E Smith replied 1 year ago.

Thank you.

Doors in houses vary between 30 inches wide and 36 inches wide. A wheelbarrow will go through either of them.

Whereas you cannot take any action against the neighbour in respect of a cat, you can in respect of a dog. They are expected to keep the dog under control and to stop it trespassing in exactly the same way that they are not supposed to trespass.

You could take into court (after warning them), for an injunction to make them stop the dog running over the rest of your land. You could ask the court to award the costs of the application against them.

However if you don’t want to be confrontational, the fence might be a more softly softly approach. I assume that they don’t have any right to go over the rest of the area which you are fencing off.

Can I clarify anything else for you?

Please don’t forget to rate the service positive. It’s an important part of the process by which experts get paid.

We can still exchange emails.

Best wishes.

FES

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