Advice needed regarding domestic right of use.

It is in the deeds
The access should be. Would doubt the use of the garden will be though. What he was describing was when people occupy an area and if it goes unchallenged claim it and then write it into the deeds as theirs if they can prove it for that length has gone without any challenge.
 
Hi guys
Has anyone got any advice regarding domestic right of use.
My daughter has just purchased a property and the next door neighbour has their 3 bins permanently in her garden, plus a storage box and unbelievably today put her washing on a drying rack in said daughters garden !!!
Now the neighbour has access through my daughters property via a shared ginnel, but bins & washing ffs
Please any advice greatly received as she's stressed to fuck...last option will be torching her bins !! ;)
All about communication mate. Just talk politely to them and ask whats happening it and then see how it goes from there
 
So legally but not just 'in your opinion' sorry to be blunt but we've had different advice...and thank you for taking time to reply.
Does this help?


I’m not sure what this “right of use” is? It doesn’t sound like they can claim adverse possession because they have not used the land exclusively for themselves for the period in question, they’re just storing their belongings on someone else’s property it seems.

My advice would be to ask them to stop using the land and confirm it in writing to at least stop the clock on any claim. Ensure you write that although the previous owner may have granted permission as a matter of goodwill that as the new owner you have a right to end this agreement.

Now, if they produce a document in response to prove a legal right to continue then I would say your daughter has a claim against the solicitors or previous owners if she wasn’t made aware during the buying process.

Furthermore a question I would be asking would be who would be responsible for damage to their items should they sustain any while stored on your daughter’s premises. They would be lucky to get their insurance to pay so surely they wouldn’t expect your daughter’s to pay? Just start lighting barbecues nearby if you get no amicable solution.
 
Wifey says if after speaking to the neighbour they refuse to co operate, then your daughter needs to speak to whoever undertook the conveyancing to get clarification

As a thought
If your daughter and husband aren't living there at the moment, would that be a reason washing was left to dry in their garden!
Yes, it's cheeky to do so without permission, but it could be that
 
Does this help?


I’m not sure what this “right of use” is? It doesn’t sound like they can claim adverse possession because they have not used the land exclusively for themselves for the period in question, they’re just storing their belongings on someone else’s property it seems.

My advice would be to ask them to stop using the land and confirm it in writing to at least stop the clock on any claim. Ensure you write that although the previous owner may have granted permission as a matter of goodwill that as the new owner you have a right to end this agreement.

Now, if they produce a document in response to prove a legal right to continue then I would say your daughter has a claim against the solicitors or previous owners if she wasn’t made aware during the buying process.

Furthermore a question I would be asking would be who would be responsible for damage to their items should they sustain any while stored on your daughter’s premises. They would be lucky to get their insurance to pay so surely they wouldn’t expect your daughter’s to pay? Just start lighting barbecues nearby if you get no amicable solution.
Thanks mate, good advice.
 
Does this help?


I’m not sure what this “right of use” is? It doesn’t sound like they can claim adverse possession because they have not used the land exclusively for themselves for the period in question, they’re just storing their belongings on someone else’s property it seems.

My advice would be to ask them to stop using the land and confirm it in writing to at least stop the clock on any claim. Ensure you write that although the previous owner may have granted permission as a matter of goodwill that as the new owner you have a right to end this agreement.

Now, if they produce a document in response to prove a legal right to continue then I would say your daughter has a claim against the solicitors or previous owners if she wasn’t made aware during the buying process.

Furthermore a question I would be asking would be who would be responsible for damage to their items should they sustain any while stored on your daughter’s premises. They would be lucky to get their insurance to pay so surely they wouldn’t expect your daughter’s to pay? Just start lighting barbecues nearby if you get no amicable solution.
Thank you mate
 
So legally but not just 'in your opinion' sorry to be blunt but we've had different advice...and thank you for taking time to reply.
Yes legally 100%
They would have to be doing it for 20 years and then apply to have it added to their deeds, with sworn witness statements etc, which your daughter would still have a legal right to contest
@gordondaviesmoustache help me out here explaining this basic Land Law
 
Wifey says if after speaking to the neighbour they refuse to co operate, then your daughter needs to speak to whoever undertook the conveyancing to get clarification

As a thought
If your daughter and husband aren't living there at the moment, would that be a reason washing was left to dry in their garden!
Yes, it's cheeky to do so without permission, but it could be that
Hi mate
Thanks for replying, is your wife in the legal profession ?
Actually all 4 of us were there today working and the clothes dryer just suddenly appeared, 100% she knew we were there, she's one cheeky bitch !!!
 
Yes legally 100%
They would have to be doing it for 20 years and then apply to have it added to their deeds, with sworn witness statements etc, which your daughter would still have a legal right to contest
@gordondaviesmoustache help me out here explaining this basic Land Law
Thats great thank you...i did think to ask @gordondaviesmoustache for a bit of advice but it's monday and he might have had a heavy weekend ;)
 

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