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ivorylounge
ivorylounge,
Category: Law
Satisfied Customers: 35659
Experience:  Barrister at Self Employed Barrister
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We have a stretch of land at the back of our property, which

Customer Question

Hello,We have a stretch of land at the back of our property, which also backs on to five other properties on our road. In our deeds, this land is highlighted as part of our estate and referred to as a 'right of access' for our properties. However, a property which backs onto this land from the road behind has moved their garden fence out to claim some of this land as their garden. Myself and our neighbours are keen to firstly reclaim this land, and secondly ensure the property owner who has claimed some of the land moves his fence back to its original position (we have attempted to talk to the owners of the property about this, but they are ignoring us). We are unsure legally how we can do this. Any advice would be gratefully received.
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: no
JA: Where is the land located?
Customer: to the rear of our property. it stretches along our property and 5 others on our road (next to us)
JA: Anything else you want the lawyer to know before I connect you?
Customer: no thank you
Submitted: 3 months ago.
Category: Law
Expert:  ivorylounge replied 3 months ago.

Let me see if I can help and please rate 5 stars. Firstly, you may within your house insurance have legal indemnity which will provide you with a free solicitor to act on your behalf in an action such as this. You would want to write formally to the neighbour indicating that they are technically trespassing by attempting to take this land. That unless they remove the fencing then you will take legal action against them together with an injunction and seek your costs of such action. I would get a solicitor to write this letter so that they know what they are dealing with. It is often a good idea to do this as soon as possible. Happy to discuss and please rate 5 stars

Customer: replied 3 months ago.
Thank for you answer. We have already written to the owners of the property. They seem to think as the land is not being actively used, they can claim the land under 'easement'. We would like clarification as to whether this is true that they can claim the land under easement. Equally, we'd like to know if we (jointly with the other houses) own the land, and if so, we can claim it for ourselves (subject to agreement). Thanks.
Expert:  ivorylounge replied 3 months ago.

They are wrong. An easement may be claimed after a long use of the land for 20 years or more. This use must be enjoyed as a right which was used without force, secrecy and permission. In other words, if there was a permission (which there is in your case) to use the land an easement cannot be claimed in this case. I hope this helps and please rate 5 stars

Customer: replied 3 months ago.
thank you. and do we (jointly with the other properties who have this strip of land included in their deeds) have legal rights ourselves to the land, meaning we could take the land and include it in the back of our gardens if we wished. Would we need to draw up a contract between ourselves to do this. Thanks again for your help.
Expert:  ivorylounge replied 3 months ago.

Not without everyones agreement (the parties to the rights of way) - you would need to extinguish the right of way and enter into a new legal agreement. I hope this helps and please ate 5 stars

Expert:  ivorylounge replied 3 months ago.

So that I can close this question can you please rate. Could you please let me know if it has answered your original question? You can either reply on here with a quick ‘Yes, thanks’, or select 3, 4 or 5 stars on this page. Thanks - just a "Yes, thanks"

Expert:  ivorylounge replied 3 months ago.

Hi Justanswer works on a rating system and so that I can close this question can you please rate. Could you please let me know if it has answered your original question? You can either reply on here with a quick ‘Yes, thanks’, or select 3, 4 or 5 stars on this page.This is how Justanswer works. I can still answer follow up questions if needed to clarify anything for you. But this lets me close the case and not need to email you again. If you need more assistance, please use the reply box below and let me know. It has been my pleasure to assist you! Many thanks​

Customer: replied 3 months ago.
have you got the uploads?
Expert:  ivorylounge replied 3 months ago.

No. Please rate 5 stars

Expert:  ivorylounge replied 3 months ago.

So that I can close this question can you please rate. Could you please let me know if it has answered your original question? You can either reply on here with a quick ‘Yes, thanks’, or select 3, 4 or 5 stars on this page. Thanks - just a "Yes, thanks"

Customer: replied 3 months ago.
have you got the uploads??
Expert:  ivorylounge replied 3 months ago.

Not received any uploads.

Customer: replied 3 months ago.
uploads?
Expert:  ivorylounge replied 3 months ago.

Nope. Not received. Can you however rate 5 stars for my original answers and I shall try and locate these uploads

Customer: replied 3 months ago.
do you have an email I can send them to, it does not seem to be working on here
Expert:  ivorylounge replied 3 months ago.

Only though the site Im afraid.

Expert:  ivorylounge replied 3 months ago.

Hi Justanswer works on a rating system and so that I can close this question can you please rate. Could you please let me know if it has answered your original question? You can either reply on here with a quick ‘Yes, thanks’, or select 3, 4 or 5 stars on this page.This is how Justanswer works. I can still answer follow up questions if needed to clarify anything for you. But this lets me close the case and not need to email you again. If you need more assistance, please use the reply box below and let me know. It has been my pleasure to assist you! Many thanks​

Expert:  ivorylounge replied 2 months ago.

Hi Justanswer works on a rating system and so that I can close this question can you please rate. Could you please let me know if it has answered your original question? You can either reply on here with a quick ‘Yes, thanks’, or select 3, 4 or 5 stars on this page.