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boudary disputes, look for solicitors Manchester online.">Boundary disputes are quite common and are normally disagreements over rights of way. They can relate to either a public or private right of way and can take on a variety of forms. There are often disputes regarding private rights of way particularly between neighbours. A private right of way is a part of land that is privately owned and is not a legally protected highway. An easement gives a party the right to enjoy another person’s lands. An easement can be established in two different ways: Firstly, by express grant to gain access to and from their property. This is when a landowner gives the dominant tenement permission to use their land as a private right of way. Secondly, by prescription; which is where a party has enjoyed the right over the land of another ‘openly and without permission’ for 20 years. If this is the case, the right is granted. Disagreements often arise as to where the boundary actually lies. The details of the private right of way will be laid out in the title deeds recorded at the land registry. These disagreements can often occur between neighbours with disputes such as a boundary walls and overhanging trees and branches. A boundary survey should be conducted to locate the boundaries of the property on the ground, as described in a deed. Before constructing any divider, such as a wall or fence, the survey should be carried out to prevent any disputes further down the line. A legal determination of property ownership in the case of a dispute can only be settled by the courts. Qualified land surveyors can act as expert witnesses during a court case to settle such disputes. When it comes over overhanging trees and bushes, your rights are entirely dependent upon the situation. If a tree is overhanging the boundary and encroaching upon your side, you should first ask your neighbour to prune it back to the boundary line. If they refuse to do so, you are permitted to cut it yourself as long as you do not access your neighbour’s land to do so. If there is a Tree Protection Order you must obtain consent from your local planning authority before you begin cutting any branches or roots. Trees in conservation areas are automatically protected. If you are currently in the middle of a boundary dispute, no matter what form it has taken, you can seek the advice of a trained solicitor to help you to resolve the issue. If you have any boudary disputes, look for solicitors Manchester online.
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