What's my best option - opinions pls

[Rivkah2018]

So I've had an ongoing dispute with our horrid neighbours. Despite no change in the property for over 18years they are claiming a trespassing drain and a right of way over our garden path (which our conveyancer also said, but on closer inspection of the deeds the right of way is actually in their garden).

Our conveyancer has said there is no trespassing drain, but refuses to clarify further without charging and they can't really represent us in the dispute since it would be a conflict of interest as they could have messed up!

I don't want to end up spending hundreds of thousands on legal bills and just for this dispute to continue, so I'm happy to cave on the drain issue and get it rerouted. However, not with the right of way as they would see right into our home.

What do I do? Do I get another solicitor to review the deeds or do I just start fixing the drain?

I'm scared about going to court and having to pay their legal fees, which their solicitor has mentioned a few times.

Any opinions really valued. Thank you

Do you have legal cover on your home insurance? Or a legal helpline?

My legal cover won't cover the dispute but I do have access to a legal helpline but they haven't been all that useful!

Have they issued proceedings? Have they instructed a solicitor?

They have a solicitor who has been communicating with me. No proceedings issued yet, but lots of threats to do so.

Have you provided the sol with a copy of the deeds showing the right of way on their land? I'm not sure they can have an expectation of a drain being moved after 18 years. It would be useful for you to have an appointment with either a direct access barrister expert in conveyancing and planning or a solicitor. Barrister would cost around 200 pounds or so for an opinion, but worth it. You could try Liz England, just email her, if she cant do it she would know somebody who could.

www.johnantell.co.uk/rights-of-way-and-other-easements

Have a quick read of this. Quite useful, particularly about time scales.

Had a look at easements gained by prescription. Basically if the drain has been on their land, without permission, for all that time, I think it might be too late for them to complain. Have you obtained a copy of their land registry entry or been sent it by their sols, and do you have a copy of yours. If not, would you get both land registry docs and post on here redacting the names and addresses of course? It costs 4 quid each or something around there. Can advise better then, and I'm sure another legal bod whose specialism is conveyancing/land law will be able to suggest where to go from there.

We've had all the deeds from the Land registry. Unfortunately they are complicated and the neighbours solicitor and our conveyancer have different interpretations. Our conveyancer isn't willing to discuss their interpretation with the neighbours solicitor. With both the drain and right of way, their solicitor is holding fast on their interpretation.

Who is Liz England?

A direct access barrister. I wonder whether you have an easement for the drain by prescription. That's why a quick appointment with a legal bod would be useful.

You may have a claim against your original conveyancer as well, who should have advised you a right of way existed over your land, if indeed it does, and you weren't so advised.

When we had a problem with a drain and our split property the water authority were very helpful in identifying who owned /was responsible for it.

The water company has said they don't have much info and it's a right of way issue.
Plus, I think we have a claim against the conveyancer. They informed us incorrectly about the right of way.