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wingrovebuyer
wingrovebuyer, Senior Solicitor
Category: Property Law
Satisfied Customers: 737
Experience:  Bachelor of Laws (Honours); PG Diploma in Law; Member of ALA; 9 years' experience
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To continue with the above question on the access moiety to

Customer Question

To continue with the above question on the access moiety to my property. The Wellers have agreed to cut back the laylandii trees only to the level of the encroachment twelve years ago. as legally they need not consider any legal agreements before this. Who can determined the size of the trees twelve years ago ? I do know that they were two or three inches round and less then five feet tall. If the trees were cut back to this level they would die.
This is clearly not the intentions of the Wellers. How do I regain the correct easement to my property ? The access is a right of way and a highway. Cutting back the trees will certainly help. Although they will regrow rapidly. The current situation does create difficulties. Also if I wish to develop or improve my property in the future, access is one of the main planning considerations. Surely easements are in perpetuity. And should be exempt from encroachment or adverse possession. Could you please give me your advice on this matter. John Hampson.
Submitted: 3 years ago.
Category: Property Law
Expert:  wingrovebuyer replied 3 years ago.

wingrovebuyer : Dear John. I'm pleased to hear the Wellers are cooperating, to a point. The general principle is, however, that as you have a full easement, nobody can interfere with it. Anyone acquiring land over which the easement exists, by our base or by adverse possession, is still bound by your rights. Your rights cannot be extinguished unless you either surrender them or act in a way consistent with an intention to abandon the rights. I your case, neither sounds likely! Your access must be unimpeded, and if anyone tries to impede it, or allows it to be impeded by allowing the trees to overgrow, you can take legal action to get the hindrance removed.

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