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Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10542
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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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

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