I have always had access to my garden via a gate, the previous owners also did this so in all is at least 15 years we have had access. The land behind was unused and has just been bought. I am concerned that I will loose the ability to access my garden. It was not something I thought about when I bought the house. Do I have any rights - or will I loose my access?
2006-07-03 01:09:29 · 6 answers · asked by Janet L 1 in Home & Garden ➔ Other - Home & Garden
yes if you care for land not belonging to you as you must of kept the area to gain the access , it legally becomes yours after 10 years . especially as the last occupants did the same get it put on the deeds that that access has been used for 15 + years so legally you have been a step ahead .your new neighbours might be fine with the arrangement and properly already know the circumstances of the access to your garden .
2006-07-03 01:42:10 · answer #1 · answered by j.j. 5 · 0⤊ 0⤋
The term you are talking about is Easement. Check the laws in your state or municipality for the length of time required. This link will give you information on the different types of easements. You may have what is called an "implied easement" which gives you the right to access your garden.
To be safe, I would bake the new owners an apple pie and get to be on good terms with them. Can't hurt.
2006-07-03 01:30:27 · answer #2 · answered by alfredenuemann98195 5 · 0⤊ 0⤋
You will lose it. You were using someone else's land for your garden, and the owner didn't mind. Now that the land is sold, the new owner can chose to use it however they want and you have no rights to that piece of land unless they chose to allow you to use it. In fact, that garden is now their's by law.
When we moved into our house 12 years ago, my neighbor had his shed on our property. Neither the existing home owner or my neighbor understood where the property lines were. So they had to move the shed or lose it. They moved it and the attorney's made them repair the area by planting new grass before we moved in!
So, move the garden if you want to be safe and keep it.
2006-07-03 01:15:17 · answer #3 · answered by thunder2sys 7 · 0⤊ 0⤋
Unless there's an access easement, you lose those rights. I don't think you ever really had the rights. Somebody just didn't care or was letting you. Maybe you'll luck out with the new owner.
2006-07-03 01:14:31 · answer #4 · answered by jfahd 4 · 0⤊ 0⤋
Check with your solicitor if your deed indicate a right of way through that piece of land. Also, contact the representatives of the people who bought the land to check the same.
2006-07-03 01:13:49 · answer #5 · answered by k² 6 · 0⤊ 0⤋
Alfred N is bang on, listen I did this as part of my ILEX so I know for a fact he is right.
2006-07-06 15:15:58 · answer #6 · answered by ligiersaredevilspawn 5 · 0⤊ 0⤋