Boundry/Access issue

S

soundwave

Guest
Hey All,

Long time reader, first time poster... love the site...

I have a question regarding a Boundry/Acces Issue, hopefully someone here may have experience with the a similar situation.

About 30 years ago a ground level kitchen extension was built onto the house, a window that overlooks directly into the neighbours garden was added on and from what i recall it was not on the planning permision at the time but it was not contested, The neighbours have a large hedge that runs paralell with the garage/kitchen extension and is about 10ft high, and there is a space cut out where the kitchen window is, and because of this the space around the window needs to be cut quite regurlarly. (our house is inside a small estate and thiers is on the main road and thier plot is twice the size, so our house and back garden would only look into thier back garden)

Our problem is that the neighbours dont take care of the hedge around the window so we have to call in and ask for permission and cut it ourselves, it has now come to a point where the neighbous have refused us access to the property to cut the hedge, and dont recognise the fact that it needs to be dealt with even though its blocking out the light.

My question's:

1: Is there any way we can Legally insure that they take adequate care of the hedge, and if not can we instruct that it be removed?

2: How long after something is built (if its not on PP and was uncontested) would it be a permanent fixture? i.e. we have a legal right to it and could not be instructed to remove it.

3: I had heard somewhere that since we have a window looking on to thier property that we would be entitled to a certain amount of space to build a laneway. (but im not sure if this is only if they decided to build on the back garden)

Thanks very much in advance.
SW.
 
1: Is there any way we can Legally insure that they take adequate care of the hedge, and if not can we instruct that it be removed?
I'm not certain - so I won't answer this.

2: How long after something is built (if its not on PP and was uncontested) would it be a permanent fixture? i.e. we have a legal right to it and could not be instructed to remove it.
Planning is irrelevant. 20 years is required to get an easement by prescription, subject to certain criteria.
3: I had heard somewhere that since we have a window looking on to thier property that we would be entitled to a certain amount of space to build a laneway. (but im not sure if this is only if they decided to build on the back garden)
No, you have a right to light only.

Here is a link to the Law Reform Commission's Report on Easements and Prescription. [broken link removed]

I suggest talking to your solicitor.
 
thats great Superman... thanks very much for the Info.
 
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