Advice Needed: Easement

After several damages, it was best to stop her maintaining the strip and discuss options due to utilities being that side. That's when refusal all together of discussions happened.

 

Nope. I can't confirm. The fence posts that were put there in 1946 are 40cm from house wall.
The local Land Surveyor goes back to work next week. I'll be getting a survey done.

 

But how would you be legally entitled to one?

 

I think you need a competent mediator.

It sounds like she/he was insulted when you complained about the damage caused when she/he was doing the mowing. What was the damage?

 

Once the survey is done I’d make out the boundary and just keep inside it (as much as possible). If the neighbour wants to call the police then let them.

 

I tried for Mediation through the CJC. They didn't agree to it.

 

Is it a civil matter rather than a criminal matter?

 

I don't know, that's why i'm here asking.
There's a few different easements that cover this type of thing.

 

Yes it's a civil matter.

 

Going for an easement is going to cost you so much more though.
Legals and I believe it's Supreme Court costs ...

 

and if you lose ????

a fence is cheaper

 

I was going to say moving the house over might actually be cheaper.

 

Maybe, you just need one of these doorways ?

 

You can't just decide you want an easement. Generally they have to grant it to you,

 

Yep put a fence up, lay some rocks down instead of grace and move on. If they say something, ignore them and get on with life.

 

I have attempted an agreed easement with the neighbour.
An easement can be asked for through the courts. Which of course, is a massive deal.

 

Yep, i'll sort it. I'll still need to be able to access my pipes etc on that wall.
It'll work out.

 

Why or how did the neighbourly relationship breakdown and can that be mended? This is a much better option than war and less expensive than lawyers. Are the people old, suffering from dementia, did you have a row with them, can there be a positive solution without legal route? The reason I ask this is that you want to avoid that route completely if possible as it will be unpleasant to live next door after that starts, could be expensive and can stain your property record. It is amazing how a heart to heart can resolve things. And if that doesn't work try the opera ticket, or doing silent night time repairs.