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tdlawyer
tdlawyer, Lawyer
Category: Property Law
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Experience:  Lawyer with 9 years experience of advising on property issues.
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The neighbour at my welsh property has right of access (according

Resolved Question:

The neighbour at my welsh property has right of access (according to Land registry) down a 1.5 metre wide path to the rear of my property. I have attached a small (100 litre) water butt to the downpipe so I can water my plants. I do not have an outside tap, nor can I use a hosepipe. There is 45 cm paved space between base of water butt stand and ascending cliff and 'air space' of approx. 1 metre. I have always said that if furniture or other large items need to be moved onto his property, then the water butt can be drained and disconnected to allow this. On attending the property this weekend, he has disconnected and removed the water butt and strewn the parts on my herb garden. He is now demanding that I move it or he will take me to court. Can you please advise me on the wording as stated here, and if I am within my rights as it is on my land, attached to my house and he still has access to his property.
"Full right and liberty for the vendors and their successors in title the owners or occupiers of THE PROPERTY aforesaid for all purposes and at all times in connection with the use and enjoyment of THE PROPERTY aforesaid (as the same has heretofore been used and enjoyed) to pass and repass on foot only over the pathway coloured green hatched yellow on the said plan" (HM Land Registry 13th September 1999
Submitted: 2 years ago.
Category: Property Law
Expert:  tdlawyer replied 2 years ago.

tdlawyer :

Hello, welcome to the website. My name isXXXXX can assist you with this.

tdlawyer :

I see nothing in your wording here that would give me areason to believe that he is entitled to attend on your land and disconnect the water butt. Certainly, there is no right to leave it on your herb garden and damage that.

tdlawyer :

A right of way, which is referred to, is simply a right to pass and repass and nothing more than that.

tdlawyer :

Is there anything about this you would like to discuss with me?

tdlawyer :

Are you able to see this chat?

tdlawyer :

I will switch modes to Q&A to see if you can use hat unless you respond to me now, as I'm not sure you can see this mode.

tdlawyer, Lawyer
Category: Property Law
Satisfied Customers: 1096
Experience: Lawyer with 9 years experience of advising on property issues.
tdlawyer and other Property Law Specialists are ready to help you
Customer: replied 2 years ago.


Hello!!


Are you coming back?

Expert:  tdlawyer replied 2 years ago.
Hello!

I'm here ... feel free to ask me anything you like about this!

Thanks
Tony
Customer: replied 2 years ago.


I have! All I want is clarification of the legal wording, and meaning of it especially the phrases 'full right and liberty' and 'heretofore been used and enjoyed'

Expert:  tdlawyer replied 2 years ago.
Okay, sorry - you're post didn't show up previously. This is the first I know of your question.

Okay. The phrase simply means that they have the right to go up and down the area that has the right of way. It gives no other rights to access your land or do anything to the water butt.

Tony
Customer: replied 2 years ago.


Thank you. So I am entitled to having my water butt where it is and am under no obligation to remove it to comply with the land registry entry?

Expert:  tdlawyer replied 2 years ago.

Yes, that is right, so long as the butt doesn't obstruct (e.g. prevent them from them from using) the right of way.

Tony

Customer: replied 2 years ago.


thank you

Expert:  tdlawyer replied 2 years ago.
You're welcome. Can you tell me whether you're happy with the service this evening please?
Customer: replied 2 years ago.


Yes. A bit slow but at least I now have answers to my query.


Tried to rate it officially but not responding.

Expert:  tdlawyer replied 2 years ago.
Right, thank you for letting me know it won't rate.

If you tell me what rating you wanted to leave, I will ask them to record it manually.

Thank you and I hope you're having a good Easter.

Tony

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