Help needed with Right of way issues .

[KABUL1]

We are currently having problems with a adjoining neighbour .Due to recent planning permission issues we do not get along - she is now saying that she has a 'right of way' down our private path ( that leads only to our house as we are a corner dead end - her on left and another neightbour right so we are sandwiched in between facing the RH house ) .She has not used my path regulally or noticably ?? only very irregularly with our implied consent to maintain her property / visit my house or retrieve her dog from my garden ect ect ( why would I think otherwise as its my private path that only leads to my front steps ?) she has her own path and drive which we have never used and she does not have to use ours to enter her property or get to the highway .Our path is accessed over our drive and is set back from it .She has to literally cross across the front of our private drive to get on our path but it only leads to our house.She seems to now want to use it to annoy , as a cut through to visit the other adjoining neighbour whom also has recent problems with us over PP.( both objected to PP ). There are no easement of ROW on our deeds / no hatched area or anything to denote a ROW .The drive and path is inside our red lineated freehold land. She has lived in the property for 9 years and we 7 years and nothing was flagged up or mentioned when our sale was conveyed .The previous owner ticked no to virtually everything on the TA6 with nothing about anything to do with neighbours or ROW . Now I can only presume she means to claim prescriptive ROW - In order to enforce that I am presuming she would have to involve both previous owners of the houses ( maybe others ???? I dont know can anyone help ??) to make statements as she would need proof of continuous 20 year use openly / without force /without consent ??? The thing is that she and the previous owner created a Deed of boundary agreement in 2014 where the previous owner allowed ( consent ??) her to move the boundary to allow her usage of a small strip of land for her rockery which was encroaching on the title ( now ours) this was altered at the LR and the current plans drawn that still have my path and drive within our red lines with no ROW shown / hatch or anything shown .She presumably had a survey done then and produced OS type drawings of the boundary lines so she knew that the land was not hers and that agreement ( consent) had been given for her usage of land that was not owned by her ( I can presume that we still own parts of the land that her rockery sits on as she will probaly start with trying to legally own the encroached land ) My point is how can she say has has not had consent to use our path ( for prescriptive ROW ) when obvious consent was given for our other land ( rockery ) - How do I know what the previous owner did or said but she did not mention anything on the TA6 form in 2014 when we bought even for changes in the boundary !! So the previous owner LIED on the TA6 form and she woud have to make statements of truth to support a prescriptive ROW .

[echat11]

Hi KABAL1

I can't answer directly, I'm sure other members will, here's some info in the meantime -

http://www.boundary-problems.co.uk/b...riv-r-o-w.html

[des8]

If you are sure your neighbour has no easement to cross your land (and from your account it is difficult to see how such an easement may have arisen) write to her (first class with free certificate of posting from post office) telling her she has no right of way across your property and she is to stop using it immediately.
Warn her if the trespass continues you will apply for a court injunction (together with an order that she pays the cost) to stop the trespass.

An easier and possibly cheaper way will be to plant a berberis darwinii hedge on your side of the boundaries!

Regarding the permission to use a strip of land for her rockery, before commenting on its ownership we would need to see the wording of that agreement

[KABUL1]

Hello , could anyone tell me what this clause in these deeds literally mean - ( sorry if i put another post in ??? If i should have added to this post , I have now !)

'The transferee shall not become entitled to any easement or right of light or other easement or right which would restrict or interfere with the free use of any of the Transferors adjoining or neighbouring land by the Transferers or any person deriving title under them for building or any other purposes'

I read it as property owner ( transferee / owners/ future owners under title ??) shall not become entitled to any easement , ROL or any right that would restrict interfere with the free use of any adjoining or neighbouring land for building or anything else - prescriptive rights ?
If someone wanted to claim prescriptive easement over an adjoining piece of land , ie prescriptive right of access - would this clause stop them
Greatful for any enlightenment

[des8]

Correct.. the buyer of the land will not obtain any easements over the seller's adjoining land.
If necessary this could be enforced via court action

[Ukmicky]

To claim a prescriptive right she needs 20 years of use without permission which can include the previous owners. The law says currently she has no easement and to gain one she needs to claim one. Which in this case will require statements of truth from previous owners totalling up to 20 years use as her use has always been with your permission . To cover your self legally in writing (keep a copy and send it signed for reregistered delivery )give her 14 days to provide evidence of her easement and inform her should she not you will treat all access by her as trespass and will take action to prevent he4 from unlawfully entering your land .

Giving her 14 days is a reasonable action from someone wishing to protect there land from unauthorised access . The law would expect someone with a right of access to protect their right of access by responding with evidence of their right within 14 days.