by rogerpalmer  01/02/2007  4762 Page Views
10 Comments  Commercial law, litigation, contracts, IP, property law


I wonder if anyone can help me please.  I live in Perth and own a property with a right of way at the back of our garden.  We have recently found out that our boundary is actually 2 metres further out onto the right of way than where our fence is now.

As a result, we have spoken to the council who have advised us that from their perspective, there is no reason why this cannot be claimed.

The owners on the other side of this right of way use it to drive their car down and park in their property.  They are currently considering civil action against us.  We have offered as a compromise, only taking 1.5 metres - they can actually still drive their car down the right of way if we take 2 metres, though the compromise allows them more space.

They have used this right of way for 10 years.

Please note - the right of carriageway in question is for use by 5 properties - they have their own separate right of way to access theirs.  They can still access useing our right of way.

Please help - we do not know where we stand legally.  Simplistically, we were sold our land, want to claim it (makes a big difference to our tsmall garden), and the council agree it's ours.

Can anyone help please?