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Neighbour installed an 8ft diameter trampoline on drying green

 

Customer Question

Neighbour installed an 8ft diameter trampoline on drying green which is common to block of four flats. Due to the trampoline not being moved for over a year and a half the grass underneath has not had enough light and has died off, roughly 6ft diameter of grass was affected.

The neighbour in question did not ask permission to install the trampoline from all the residents at the time.

Can the neighbour be legally forced to remove the trampoline?

 

Optional Information:
Province/Country relating to question : Fife

Already Tried:
Nothing so far, need legal advice.

Submitted: 297 days and 12 hours ago.
Category: UK Property Law
Value: £28
Status: CLOSED

Accepted Answer

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Expert:  UK-Justice replied 297 days and 12 hours ago.

Thanks for your question. Please remember to rate my answer SMILEY FACE OR ABOVE so that I am credited for my time.

If it is common land and you all have access then yes.

No one person should be in a position to monopolise the position of use.

If the person does not have consent and is using it without regard he can be made to move it.

It would be for the freeholder to make the tenant move the item and make good any damage.

But yes, he can be forced to move it, but any action must come from the Landlord/Freeholder.


Please remember to click *** SMILEY FACE *** or above so that I am credited for my time. Thank you.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.

Expert TypeBarrister
Category: UK Property Law
Pos. Feedback: 96.2 %
Accepts: 2985
Answered: 6/27/2012

Experience: Called to the Bar in 2007

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Expert:  UK-Justice replied 293 days and 22 hours ago.

I'm just following up with you to see how everything is going. Did my answer help?

UK-Justice

 
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