Defend a claim to right of way over our land(18 Posts)
Posting here for traffic is in Legal as well. We moved into our house in July 2016.
Come home from work today to a letter from the land registry to a B13 Notice of an application to register easements or other rights.
Next door wants access across our land basically in short so he can dump logs for his wood burner on our land. He claims he has been doing this since 1986 tp 2017, this can't be true as we moved in July 2016 and we have not allowed him access. In fact told him to stay off our land and reported it to the police.
He has not provided evidence such as delivery notes or invoices to prove delivery of logs during this time.
We have until 13th October to object with facts and or the legal reason why what is being claime would not give the applicant interest claimed in the property.
He does have a small alley in which he can access his logs on his side of the land it is just easier to do it via our driveway - we have not put up fencing and gates to make our property more secure as you could access from front to back before we moved in.
Nothing on the deeds or came up in the searches nothing declared by previous owners. Nothing obvious that he came across the land and we have reported him to the police earlier this year for trespass and told him he is not welcome to walk across our land.
I do have a solicitor via my home insurance and will be contacting them on Monday but if I can gather any information prior to Monday it would be helpful.
can you contact the former owners of the land?
"He claims he has been doing this since 1986 tp 2017, this can't be true as we moved in July 2016 and we have not allowed him access. In fact told him to stay off our land and reported it to the police."
This doesn't make sense.
Either he has and you told him to keep off your land or he hasn't.
Is it really a huge problem to allow him to do this? Can you not make an informal agreement that it is at set times a certain number of times a year if you value your security so much. Is he otherwise a CFN?
We live rurally (moved from London) and would not dream of not allowing neighbours to come across our land - the local shoot comes through throughout winter and last week we let a group of ladies use our garden to get through to a footpath.
Owners separated ex-husband has provided a statement of truth for neighbour. I know where the wife lives I will call round to her tomorrow
I would strongly suggest defending this and absolutely do not enter into any sort of informal arrangement.
Contact a solicitor, and, as far as you are able, the previous owners of the house to try and understand what has happened in the past.
Definitely get legal advice actual legal advice.
Read this too: [https://www.gov.uk/government/publications/easements-claimed-by-prescription/practice-guide-52-easements-claimed-by-prescription#how-prescriptive-easements-may-be-acquired]
If ex-owner has provided a statement of truth, is he saying he gave permission? (Which he should have declared on the Property Information Form BTW). In which case, the claim for a prescriptive easement should fail.
Your police incident number will help show you didn't allow it. Also, it's 20 years to claim, so when in 1986 does he claim it started?
Even if he has a right of way, he can't dump logs or anything else on your land.
If you post in the law section here or go to gardenlaw.co.uk you will find people who specialise in this subject
Collaborate is one of the specialist who helps both here and on the above site
You absolutely must get specialist legal advice on this asap. You have to fight this. it isn't about letting someone just wander around on your property in a sort of harmless way. it is giving them the legal right to do it. so if your car is on the drive and he cant get past with his logs he can ask you to move it. Never allow anyone any sort of legal rights on your property because they will always bite you on the backside one day .
Two really important things to do as well>
1. go back to the solicitor who did your conveyancing for the purchase of the property and show him what the ex owner has said about giving a right to access across your land. Either the ex owner is lying now under pressure from your neighbour. Or he lied on the disclosure forms and that is something you can pursue. the whole idea of the disclosure forms is that you tell the truth and he may have not. I would put pressure on your ex owner by way of a solicitors letter with a copy of the property disclosure in it asking which is the truth.
2. Allowing access across the land is one thing. giving him the right to store goods on it is another. what if his massive pile of logs gets infested with rats, or there is a fire and it affects your property.
You are totally right to fight this and you have to put as much energy and money into as you need to. its clauses like this, seemingly benign and of a "friendly neighbour" nature that mean that some houses end up being unsellable because no one else will take them on.
In fact told him to stay off our land and reported it to the police."
Was the reason you told him to get off your land because he was in his opinion, accessing his right of way? What did the Police say?
I want this post to be factual (and not emotive) but to give you a little bit of background. We bought this forever home a year ago it was a wreck - neighbours very much interested in what we were going to do as it was having an adverse affect on their properties.
Neighbour A (or CFN) came round the first night we moved in and asked if we would sell the bit of land that he is now claiming rights over - we declined.
I took the week off work when we moved in and he came round 2-3 times asking when we were going to trim trees and giving his opinion on how we should do it (of course to suit him) he would come round from any time from 11am and would be 3 sheets to the wind already.
I've caught him in the back garden when I was in the garden and this time it was evening, and he was more than 3 sheets gone hanging on to the shed, wheelie bins, effing and jeffing coz we were putting fencing up on our land and he didn't agree to it. We have a four year old and we said it for his safety and our security.
Fast forward it would appear relations have completely broken down.
sharksden - we caught him in our back garden when he thought no one was home (this is in addition to the time mentioned above)
Bohemond - worried about re-sale/ramifications of an informal agreement, he is a CFN!
Luckystar1 - thank you, reading the link I think we have good defence under section 2 para 4 - no declaration upon purchase and it's been a year since we've been here and we've not agreed to it at all so there has been a break.
Dashper - statement of truth has not been disclosed to us will ask for it though
Catagain - thank you will do
Meister - thank you really appreciate the support (its been an extremely tough year for us for lot of personal reason baby diagnosed with Edwards Syndrome and lost my Dad to brain cancer in the space of year from diagnosis) so your words are great support to me
JonSnowWife - (love that user name) no he was in our back garden he has lived here for 30 years and just thinks he can act and behave anyway he likes our neighbours on the other side have put a bolt on their gate because he did do the same thing to them - just wander on in!
Piercy - the extra information that you have provided makes it even clearer to me that you need to fight this. do get proper advice though. if you fight it and lose the outcome for you and your family is going to be really horrible. any sort of rights to your land and he will push them to their limits and beyond.
Most people would be thinking "meh its not that intrusive/do it and be a good neighbour" but honestly there are a whole bunch of people out there who just take the piss. he is clearly one of them. sorry to hear about all the other stuff in your life - not fair to have this to deal with as well. but once you have done it then you have to be clear how you are going to keep him off of your land. fences are a good way to go as are locked gates. he has no right to complain about how you fence your land if you do it within the law. good luck OP.
I absolutely retract my first post based on your update OP. Good luck.
please check your household insurance. you will probably have legal expenses insurance that will cover your legal costs.
No advice, but good luck. I would never consider not fighting this btw
have been watching this thread as I am in similar situation. Bought a house and now neighbour saying she has access thru my back garden to walk to bus stop. Nothing on title register, nor did the seller say anything. Read on Gardenlaw that unless seller says it did not happen, I could sue for lying on property information form. Do I approach seller and ask for letter and tell her I would sue or just be nice?
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