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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We have live in the same house .5 years we live in

Resolved Question:

hi
we have live in the same house for 13.5 years we live in a end terrace property with a shared access that runs from the front main rd to the rear garden which we have no problem with.
problem property
there is a property adjacent to the access which runs parallel to our property. we have fallen out with the tenant who rents it, we have a tree (cherry) which was planted when we moved in.we have cut the tree down 3times to 1/3 of its orginal size in an area of garden which was enclosed in our garden,?? according to the tenant there is a strip of land approximate 1mtr x 7mtr long along the boundary which belongs to the problem property ??
from what we can see it was a right of way which has not been use to access the property or land for a minimum 13.5 years the previous ower of (Problem property)
had never used any access to there property over the shared access which would add at least 4 years more making a total of 17.5 years.
the tenant has demanded that I put the boundary back with in 14 days. but has said I can make all this go away by letting him cut the tree back again to 8ft tall and he will for get this.
Submitted: 1 year ago.
Category: Property Law
Expert:  Nicola-mod replied 1 year ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.Whose land is the cherry tree on?Alex
Customer: replied 1 year ago.
hi
no longer required as took longer than 24 hours, please refund thanks
Expert:  Ash replied 1 year ago.
Sure. I am here now if you need help, if not can I ask you to contact customer services please.
Customer: replied 12 months ago.
hi
I can now give you some info which may help, we have done a land registry search of our next door property
we have checked the title plan and noticed that they have occupied an area outside of the boundary which may have been a shared access or even ours ??? but this may have been like that for years (13 +)
also on the HM register of title there is a schedule of restrictive covenants which states purchasers or heirs or assigns shall not at any time or times exercise or carry on or permit or suffer to be carried on any nosiy
noisome or offensive trade or business of any kind or description, whatsoever upon any part of this lot or upon any messuage or other building which shall an any time be built upon any of the said lots.
first question.
the tenant has build a tattoo studio and is running a business from the garden,(with permission form the owner of the property. can I take legal action for breach of restrictive covenants against the owner????
they are in breach of planning and the licensing.
Q2 there is no rights of way on the title plan or details on register of title, for there property to have rights of way over our land, but they claim they have ??? if they do can I find this out
thanks
Expert:  Ash replied 12 months ago.
1) if you are the beneficiary of the covenant then yes you can. But you must be the beneficiary 2) it must be registered, unless have had 20 years then if so they have a prescriptive right.Can I clarify anything for you about this today please?Alex
Customer: replied 12 months ago.
hi
all the house where built at the same time and from the same parcel of land from number 53 to 96 all are include on there deeds. if not how would I know if I am a beneficiary,
there is no right of way on title deeds. so do they need to prove the prescriptive right of way.can I deny them access
Expert:  Ash replied 12 months ago.
they need to prove this. If they have had 20 years you would need a court order to deny access.Does that clarify? Alex
Customer: replied 12 months ago.
1 last thing
the schedule of restrictive covenants does cover all the properties from house number 52 to 113 inclusive
does these prove my right of beneficiary or how do I do this
Expert:  Ash replied 12 months ago.
this does. So I think you are ok.Does that clarify? Alex
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and 2 other Property Law Specialists are ready to help you
Customer: replied 12 months ago.
thank you for your help tony

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