Easement (right of way)

[tesla6518]

atticus

Helping neighbour who has had brain tumors removed and gets confused.

He wishes to erect a wooden fence on his property down a driveway that separates two adjoining houses. His neighbour has said this is illegal and is causing him distress as they have a right of way. He believes the dominant Tenant has abandoned the right of way by building a substantial 3mtr rear extension that exceeds the right of way indicated on the Title plan Also the deeds state that the easement is for "Any purpose" is this description too wide to uphold the right of way. Title was conveyed 1938. The houses originally had garages at the rear, hence the right of way. garages have gone and only access by people. Has the necessity been removed

Questions:

Would a surveyor or solicitor be the best to give an opinion on the matter

[atticus]

This appears to be a legal question. That calls for a lawyer!

Is this rear extension trespassing on your neighbour's land?

[atticus]

I need to add to this. I cannot see from what you say and without further information how abandonment of the easement arises, whereas building a fence that prevents use of the right of way is asking for trouble.

[tesla6518]

atticus Could you explain to me the following;

A panel fence sitting on the boundary line with half of the concrete posts sitting on my friends property be classified as a boundary fence, or is it just a garden fence.

with regards to the above posts it is the same friend and I will post up the relevant paperwork for your perusal.

[atticus]

It is a fence that is sited on the boundary.

[tesla6518]

so no legal recourse

[atticus]

What do you mean?

[tesla6518]

atticus Sorry for delay in reply had to go to his house and ask him.

The neighbour has said they are going to remove the fence posts and replace them with taller ones (in line with regs). He does not want the fence post on his land as the neighbour is claiming it is their fence (in fact it is as they constructed it). It is the same neighbour he has the RoW dispute with.

[atticus]

Someone needs to grow up. If the fence posts already straddle the boundary line, then that is a poor basis for objection.

[tesla6518]

atticus he is 74 yo and had 7 tumours removed from his brain, he has sever concentration loss and lack of memory, the neighbour has harassed him by making several false complaints to police, the daughter verbally abuses and the son has physically assaulted him, the incident was reported to police with three witness statements, but not one officer was sent to see him. So I can understand his reasoning , 'why should they have something that is not theirs" it is his small piece of perceived justice.

[atticus]

There are better things to obsess about, brain tumour or not.

[tesla6518]

I will convey your views to John

[tesla6518]

Atticus

Sorry for the long lapse, but this has been due to my own illness. I am reverting to the RoW matter and would be grateful for your opinion on the attached Land Registry supplied Plan.

The yellow band adjacent to No:27 indicating the dominant tenants easement ends at a 45 degree angle at the rear of the property,. Could you tell me at what point the easement ends, given that the full width of the driveway is 3 mtrs.

I have asked Land Registry who either do not know or as most government departments cannot be bothered.

next question. given the plan, if a substantial building/extension was built to the rear of 27 being 3 mtrs in length, would this obstruct the easement and therefore constitute abandonment.

With reference to your earlier remark about needing a lawyer, A barrister was consulted on your advise, at great expense, who came up with a one line opinion " it is 50/50 and could cost £40,000 in fee's"

[atticus]

Without seeing the exact words of the easement, how do you expect me to answer that question, let alone say anything different to your barrister*?

*the barrister was not wrong about likely cost of court action.