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Stuart J
Stuart J, Solicitor
Category: UK Law
Satisfied Customers: 20643
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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A neighbour is putting a flower garden underneath my outside

Resolved Question:

A neighbour is putting a flower garden underneath my outside letterbox which saves the postman and paperboy opening my farm gate .if I stand on the flower bed to retrieve my mail am I at fault or them for putting it there.land is not registered to neighbours and owner is unfound
Submitted: 1 year ago.
Category: UK Law
Expert:  Stuart J replied 1 year ago.

Hello, I am Law Denning and I am a practising solicitor in a High Street practice. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects. Because we are all in practice with clients and court and other users, I might not always respond in minutes, particularly evenings and weekends. Please bear with me in that case

It is my pleasure to try and assist you with this today. Please bear with me
while I gather some further information from you in order for me to be able to
advise you fully.

Unless I have all the facts that I need, my answer would not be accurate.

Do you own your property?

Will you or postman have to stand on the flowers to put mail in get it out?

How long has yr mailbox been there?

Have you raised the issue with the neighbours?

Bear with me over weekend please as I am on and offline

Customer: replied 1 year ago.
Actually it's my mothers house .yes if they put the flower bed out far enough .mailbox been there nearly three years..no contact with the neighbours due to long dispute over land hence fence and gate.continual harassment aimed at brother who would be the one who would be emptying the box .sould mention he has been in court twice through these neighbours constant phone calls to police believe this is who it is aimed at
Expert:  Stuart J replied 1 year ago.


I would write (or get
solicitor to write) basically telling them that they are putting this flowerbed
in a stupid place ( I would probably say unsuitable) and that as it is below yr
letterbox, you will not be responsible for damage to flowers cause by you or
postman using the box.

At this stage, that is about
all that you can do. Take photos before and after in case this becomes an issue.



Incidentally, once the
flowers are placed on land which belongs to someone else, they belong to the
owner of that land. It is well established law. So legally once the flowers are
there, there is nothing they can do if you do tread on them



 



Does that answer the
question? I am happy to answer specific points.



Can I help further?



Please
don't forget to positively rate my answer J service
(even if it was not what you wanted to hear).

If you don't rate it positively, then the site keep your deposit and I get 0
for my time L. It is
imperative that you give my answer a positive rating.

It doesn't give me, "a pat on the head", "good boy" (like ebay), it is my
livelihood!

If in ratings you feel that you expected more or it only helped a little,
please ask.



I am
offline shortly until later and will pick this up then if needed





Please
bear with me over weekend. I am on and offline

Customer: replied 1 year ago.

Sorry to keep on we have had a long legal battle the land is unregistered and is not a public right of way someone owns it but it is not these people .so if the police are called can we tell them your answer

Expert:  Stuart J replied 1 year ago.


Absolutely. Yes,show
them my answer.

In fact, I should have
suggested it.



To explain a little further,
in case you need to show the answer to the police (who probably will not know
about landlord) it is well settled law that anything which is attached to the
land becomes part of the land.



Therefore if I planted at tree
in the next door neighbour's garden it becomes the neighbours tree.



It must be attached to the
land and it does not apply if for example I placed a concrete birdbath in their
garden.



So, if this was a window box
type affair which is not attached to the land but placed on it, (apart from the
fact that you could move it which is not any kind of offence) then there could
be an issue if you damage the plants.



You did however say it was a
flower garden which is necessarily and essentially attached to the land, and
therefore my original answer still stands.



It does not matter that no
one knows who owns the land. Someone owns it and that is all that matters.

Please don't forget to positively rate my answer


If you don't rate it positively, then the site keep your deposit and I get 0
for my time

 

Thanks

Customer: replied 1 year ago.

Before I rate answer could you please send answer to my email address so I can print it in case it is needed I an on I pad at moment and can not print as I am novice with it my email address is lorna.kemeys@mypostoffice .co.uk. I will now rate thank you for your help

Expert:  Stuart J replied 1 year ago.

We are not allowed contact outside the site sorry however never been one for rules, you now have mail, or at least you would have if I did not get an error message which said "invalid recipient".

You must have given the wrong or incorrect email address. I simply cut and pasted it.

You can cut and past the answer from this site into word

 

Please do not reply offsite as I will have to ignore it.

All correspondence must be done on here.

Regards

Stuart J, Solicitor
Category: UK Law
Satisfied Customers: 20643
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street practice
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Stuart J
Stuart J
Solicitor
20643 Satisfied Customers
PGD Law. 20 years legal profession, 6 as partner in High Street practice