Do my neighbours have the right both owner occupiers to cut through my garden?
Question:i live in an upper cottage flat where my neighbour and myself both have a back garden each.they have to cut through my garden to get into theirs using gate they made. although there is also another gate at the top of the garden allowing them acces they continue to go through my garden. have i any case.
Answers:
If you rent, check with your landlord. If you are an owner/occupier check your deeds to see details of any easements, (rights to pass through adjacent properties), that may apply. Old cottages often have these easements and they are nigh on impossible to remove. You may have a case somewhere here, if one of the access points is not legal, has been introduced merely because it has been found more convenient to take the route, in recent years.
Depends on who owns the property. Sounds like they are just too lazy to use the other gate. It, still, boils down to the owner.
If in the deeds to the property they have right of access you cant do anything about it.
If its rented I suggest you contact the owner to find out
Id say you do. Whether you own or rent the property you still have land boundarys. It is classed as tresspassing. My cousin lives two doors away from me and if i wanted to i could jump over the next doors hedge, but i dont coz its wrong and it aint my property. I would take the gate down.
They are cheeky !!
it seems you may have a point here if there is separate access, i would try talking to them first, then seek other legal help if it cannot be resolved, i think it may come under trespass, especially if they have not asked for or have permission to go through your garden.
i hope you resolve this problem without undue hassle
If you own the property, check the deeds to see if your neighbours have a right of way through your garden.
If you are renting, speak to your landlord as it will be up to him/her. You could ask him to ask your neighbours to stop going through your garden.
unless there is an easement she can not cross your land
I have always understood the law applying to "Right of Way" only applies where (a) There isn't an alternative entrance, or(b) there is a general agreement by all parties on the use and upkeep of said entance. In my country ( New Zealand) we have the law of Tresspass. If that law applies in your country then your neighbours are not allowed to come through your property.You have a genuine case. Good Luck!
only if it is on your deeds, if it is not, tell em where to get off
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