No but there has been unimpeded access in the now disputed plot for over 25 years which only stopped when the fence was put up.
Just today another fence was put up very close to the side wall of the takeaway preventing the use of this door to exit the takeaway and blocking light entering into the take away through the window adjacent to the blocked door.
Many thanks for your reply, Could you please advise if not withstanding the issue with the fence preventing access the fact that it is blocking light getting into the building is in itself a certain contravention of the Prescription act since there is clear evidence that this window has been allowing light in unobstructed for many more than 25 years.
The company have a gate across the disputed land which they keep locked with a padlock. This heavy gate is supported on the take away side by a post that is affixed by a bolt at the top driven into to the wall of the take away. This was erected before the current owners bought the property and was agreed by the take away owners at that time. In view of the circumstances the owners of the takeaway have decided that they no longer want to allow this. Are they entitled to insist on the supporting bolt to be removed and the area of brickwork (which has become seriously damaged by the weight) repaired at the Companies expense? If they refuse are the take a way's owners entitled to remove the brickwork from their wall that the bolt is implanted in (without touching the bolt itself)?
do you mean I would have to pay again? That would be a shame as it is a question pertaining to the same boundary dispute issue?
Oh thanks I have now done the rating for "part 1" of your advice
How can they "seek" its removal. If they ask for its removal and, as I suspect, get either a negative answer or no answer what can they do next? would they be justified in dismantling their brickwork around the bolt without damaging the bolt in anyway-even though this might cause the gate to fall down