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the term requiring access - do you mean if I ask them to unlock the gate they must do so?
I suppose my point is that as they do not own the land (but have simply begun the claiming process by fencing it off) I do not feel I should ask every time I wish to tend to the right hand side of the hedge and garage. I want to have free access to that.
Forgive me if I am being a tad dim - do you mean they would have to leave it unlocked at all times for us to access it? So for us to have right of way?
As a further example - we do need to carry out maintenance on the side of our garage and when we purchased the property we would have just been able to put some small scaffolding up to do so. However, as Mr Greedy has begun to build the garage and the section we will be working on would essentially be the driveway on land which is not his. where do we stand with that? He is not going to be happy if he can't access his garage (the risk you take when building on land that isn't yours in my opinion).
But as I mentioned before, there is nothing in our housing pack to say we need to ask anyone's permission to tend to our property.
There is no known owner of the land but our property were the ones to have had 'enjoyment' of the land over the past 40 years. They were the ones who have tended it for all those years. Is it too late for us to try and apply for continued enjoyment (sitting with the property, not us as new owners) under the lost modern grant through the land registry?
Ok, thank you.
So where would we stand now if he were to say he didn't want us to put scaffolding up to do our repairs as it would then not leave enough room for him to drive in and out of the strip.
Just seems so very unfair that it is not his land and yet by him doing this it completely changes our ease of access. I would like to have a permanent right of way - is that the same as the accessing a neighbouring land act?
We have photos and copies of the sworn statements provided by the previous owners from when they applied to the land registry but were unsuccessful as at that point they had not fenced it.
Would that be enough?
And in terms of the actual garage being built - the land is 4 meters wide and the garage is 3.5 meters in width meaning it will be a quarter of a meter from our hedge - is this within the law??
Yes indeed. Thank you