How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Aston Lawyer Your Own Question

Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10343
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
16368554
Type Your Property Law Question Here...
Aston Lawyer is online now

My Partner has lived in her home years. When she purchased

Resolved Question:

My Partner has lived in her home for 18 years. When she purchased her property there was / is a strip of land at the side that is owned by an electrical company, this land was set aside for future possible use as a substation. I believe the house was built some 30 years ago and the previous owner had a 'cultivation agreement' with the electricity company. This agreement passed on to my partner when the deeds were transferred over when she bought it. She pays a nominal fee per year to cultivate this land as a garden. Unfortunately I believe the next door neighbour feels the land should be his and has been a constant thorn in my partners side ever since she has owned her house. There is a silver birch tree owned by the next door neighbour which overhangs both my partners garden and the adjoining 'cultivated land' The neighbour argues quite strongly that we are not allowed to cut over hanging branches on 'the cultivated land' as this is 'not our land' he was quite insistent to the point that he jumped off my partners path to the 'cultivated land' when I politely asked him to leave my partners land. He is not a pleasant man indeed. But as I didn't know my rights I was not sure how to argue back. Does my agreement to 'cultivate the land' entitle me to cut back over hanging branches and more than that when ask the nasty neighbour to leave this land I have the right to do so without him provoking me saying he will not - as it is not my partners land? I so wish the neighbour would move.
Submitted: 2 years ago.
Category: Property Law
Expert:  Aston Lawyer replied 2 years ago.

Hello and thanks for using Just Answer.

I am Al and am happy to assist you with your enquiry.

The cultivation agreement is consent from the electricity company for you to use the land as garden land and which includes tending it and maintaining it.

Just because you are not the legal owner of the land does not prevent you from carrying out your obligation and rights under the agreement. Therefore, just like a Tenant could in a rented property, you do have the right to lop any branches from next door that overhang the boundary, provided these are returned to him next door.

As regards ***** ***** access to the land, this is slightly less favourable- as all you have is a mere agreement to tend the land, you can't legally prevent him from coming on to the land. He would only be trespassing if you owned the land.

Sorry this is not the answer you were looking for in this respect.

Looking ahead, has your partner ever approached the electricity company in the slight hope they may sell the land to her? This would of course make your life easier if you could acquire the freehold.

I hope this assists and answers your question.

Kind Regards

Al

Customer: replied 2 years ago.

Thank you Al. You have confirmed what I did initially believe, BUT when he kept banging on it isn't our land it did make me doubt myself. There is no reasoning with this man he is a complete bully - quite intimidating for my partner. I think he is just jealous that it is her who has the agreement and not himself. With my partner having the agreement with the electricity company does this give her first refusal on purchase of this land if it became available. Or would the neighbour be able to purchase without us being able to do so?

Expert:  Aston Lawyer replied 2 years ago.

Hi,

I feel for you- there is nothing worse than a dreadful neighbour- I have one myself!

As regards ***** ***** sale, I'm afraid the electricity company are within their rights to sell to whoever they like. However, the fact your partner has the agreement and has been looking after the land, I would certainly hope that they would sell to her, as opposed to the neighbour.

Good luck.

Kind Regards

Al

Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10343
Experience: LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
Aston Lawyer and other Property Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Remus2004

    Remus2004

    Barrister

    Satisfied Customers:

    2438
    Over 5 years in practice.
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Remus2004's Avatar

    Remus2004

    Barrister

    Satisfied Customers:

    2438
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    445
    UK solicitor holding an England and Wales practising Certificate.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    42
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law.
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    4708
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/AS/Aston Lawyer/2013-10-8_19517_JAPROFILEPICTURE.64x64.jpg Aston Lawyer's Avatar

    Aston Lawyer

    Solicitor

    Satisfied Customers:

    1869
    LLB(HONS) 20 years of experience in dealing with Conveyancing and Property Law
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg chatham-chamber's Avatar

    chatham-chamber

    Solicitor

    Satisfied Customers:

    828
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Solicitor

    Satisfied Customers:

    286
    I have been a solicitor in High Street Practise since 1985 with a wide general experience.