Blocking shared access

stator

Broken_Biscuits wrote: »

sounds like a trespass claim against the opening post there. I would doubt the deeds state it is ok to erect permanent signs on property that does not belong to them.

Who said anything about putting it on someone else's property? A bit like those "Ancient Light" signs, I'm sure you could erect it somewhere visible from the shared pathway.

Jemima5317

Thanks C_Mababejive, but I think (not sure) that if I remove a fence it could be considered criminal damage? Also, removing it would undoubtedly send problem neighbour potty. She is, unfortunately, the sort to argue up is down and doesn't respond to logic or reason. The threat of legal action has stopped her in the past, but my fear is that she thinks that a locked gate can (and has! By my other neighbour) have the lock removed, whereas a fence can't be moved and by moving the gate to where no one does have a right of access (her garden) she will stop access.

Jx

C_Mababejive

Well if someone comes along in the dead of night with a saw then no one will know who chopped it down

moneyistooshorttomention

C_Mababejive wrote: »

Well if someone comes along in the dead of night with a saw then no one will know who chopped it down

The snag to that being there is a Sods Law that dictates someone will be passing by just when you think there mightn't be....cue for jump in blood pressure even if you're the one "righting a wrong"....

...:cool:..:eek:..:lipsrseal

Davesnave

May I remind people that this thread is based entirely on supposition.

loveka

Alter_ego wrote: »

So I can have right of way over your garden if I incorporate it in my deeds?

I don't think it works like that! If a right of way is established it may only show on one set of deeds. Deeds have to be changed through the land registry and via a solicitor in most cases too, i.e. it is a legal process. At some stage, possibly a hundred years ago in many cases, there will have been agreement of both parties, but it may not show in both sets of deeds. It is established in law just by showing on one set of deeds. Or by it being used for a very long period.

I know this as 3 solicitors, a surveyor and many people on the garden law forum told me. I paid a huge amount of money to have my neighbours right of way through my garden extinguished, and it said nothing about the right of way on my deeds! Sadly, it's the law.