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Thomas
Thomas, Lawyer
Category: UK Property Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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My neighbour has complained about the position of my shed five

Resolved Question:

My neighbour has complained about the position of my shed five and a half years after I have errected it. I have to give car access for him across my back garden and he now thinks my shed impedes his access. How do I stand?
Submitted: 2 years ago.
Category: UK Property Law
Expert:  Thomas replied 2 years ago.
Hi
Thanks for your question/n .

For clarity and the avoidance of doubt, could you please respond to the following USING THE SAME NUMBERING:-
1. How does he have a right of way across your land? Is the right noted on the registered title for your property?
2. Does the shed actually impeded his access under the right of way or not
Kind regards.

Tom
Customer: replied 2 years ago.

1.the right is noted on the property title.


2. It only appears to intrude because the right of way was moved by mutual agreement over twenty years ago for a previous owner to be able to park his caravan at the back of his garden. to do this the access was moved by 24" but was never registered with the land registry officially. I can however produced witnesses to confirm this.

Expert:  Thomas replied 2 years ago.
Hi,

So on the basis that the right of way is now the altered right of way is it correct to say that the shed would not impeded access?

Tom
Customer: replied 2 years ago.

Yes it is correct that the shed does not impede access.

Expert:  Thomas replied 2 years ago.
Okay. I should be able to answer after you have replied to this next question.

Is it correct to say that the shed would impede the access of the original right of way?

Tom
Customer: replied 2 years ago.
Yes
Expert:  Thomas replied 2 years ago.
Hi

Thanks for your patience.

Your on sticky ground here, but basically if he is not inclined to make an application to Court to enforce the old right of way then nothing will happen.

If the registered title to the property shows a right of way that is impeded by the shed then he would be able to make an application to Court for an injunction that the shed is moved. Your defence would be that there was an implied variation of the easement with the previous owner. This is going to be very difficult to claim though unless you have the cooperation of the previous owner. Other evidence is helpful but not definitive.

If you were able to have the full cooperation of the previous owner you might be able to defend on this basis, but otherwise I would not be confident.

That said, if the neighbour does nothing then nothing will happen.

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Kind regards,


Tom
Customer: replied 2 years ago.

The original owner and his wife has unfortunately passed away but I know that I would have the full cooperation of all five of his sons who I can still contact if need be. Would this make my situation less sticky?

Expert:  Thomas replied 2 years ago.
Hi,

If they can speak to the facts which support your argument of implied variation then it's better than having people who only ad contact with you, but it's not enough to start getting adversarial with the neighbour because your super-confident about your position.

You're going to have to attempt to mollify or manage your neighbour in the hope that you will avoid him making an application to court.

Please rate my answer.

Kind regards,


Tom
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6644
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 4 other UK Property Law Specialists are ready to help you

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