JustAnotherCottage
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- Messages
- 1
- Location
- Sussex
My property is part of a victorian terrace of farm worker's cottages. My property owns the (wide) driveway that goes behind house 1, to access the other houses in the terrace (house 1 does not use this driveway nor have any rights over it in the deeds). House 1 has an oil tank and stores their wheelie bins on the side of my driveway, and have erected a fence around these. I don't know how long each of these things have been in place. I know what is required for a prescriptive easement, and I know that technically the onus is on the owner of House 1 to prove a prescriptive easement for all these things. I have not lived here long. The oil tank is next to House 1's garden wall/fence, well away from the houses, but they have a garden of about an acre so have plenty of other places to site it so I have no idea why it's there in the first place (probably they just wanted it out of sight). My understanding is that even if they do have a prescriptive easement for, say, the oil tank, that only covers the footprint of that oil tank - not a larger, newer one, and not the siting of a new tank next to it. They recently did work to the area and I believe they may have extended the footprint of what they are using, so it is starting to feel a little bit like a slow-mo land grab, and if it is this then I'm keen to nip it in the bud.
Aside from asking them to prove they have a prescriptive right to site the oil tank there, store bins there, take up that particular amount of space, erect fencing etc....is there anything I can do that is less confrontational? I have looked through old records and there are no photos of this particular part of the driveway unfortunately.
Has anyone been in a similar situation?
Aside from asking them to prove they have a prescriptive right to site the oil tank there, store bins there, take up that particular amount of space, erect fencing etc....is there anything I can do that is less confrontational? I have looked through old records and there are no photos of this particular part of the driveway unfortunately.
Has anyone been in a similar situation?
