Right of way created by neighbour onto our land

[Patrick2008]

A housing estate was constructed beside of lands a few years ago and there is a boundary hedge between our land and some of the houses. The developer built a timber fence behind all the gardens of the houses. One of the owners of the houses has decided to create a opening in the fence and hang a gate. He has also created an embankment on the hedge and on our land with galvanised sheets and filled it with clay. He is using this as a storage for his garden tools. Am I correct in saying there are right of way and trespassing issues here? I want to write him a letter asking him politely to remove the embankment and the gate.

 

[nuac]

1. get a survey and report from an engineer
2. Bring the report to your solicitor with a memo of the facts plus a photograph

 

[csirl]

Yes, there are tresspass issues here. This should be politely pointed out to him with a deadline for the removal of the embankment and gate.

 

[j26]

Check out your boundaries first, but assuming the property is yours, it sounds like a pretty cut and dried case of trespass in relation to the embankment. However, it may be the case that the neighbour is using his own land.

As far as the gate is concerned, your neighbour can build a gate, but without a right of way granted by you (or the courts), he cannot use it to enter or cross your land.