POINTS OF LAW

The Daily Telegraph - Property - - Q&a -

For two years, I have been let­ting my neigh­bour graze his horses in my field, which ad­joins his. We have evolved an ar­range­ment that he main­tains the field and bound­ary hedge as a sort of pay­ment in kind, which suits us both. How­ever, is he es­tab­lish­ing any rights and is there any­thing we should do to avoid this?

David Flem­ing writes:

So long as it is clear that your neigh­bour is us­ing the land with your per­mis­sion, time will not run against you and you need not be con­cerned about los­ing the land. It would be sen­si­ble to doc­u­ment the agree­ment to pro­vide that your neigh­bour’s right to use the land con­tin­ues in­def­i­nitely un­til you ter­mi­nate it.

You should be care­ful to avoid cre­at­ing an agri­cul­tural ten­ancy that en­joys statu­tory pro­tec­tion. It would be sen­si­ble to in­struct your so­lic­i­tors to draw up the rel­e­vant agree­ment.

David Flem­ing is head of prop­erty lit­i­ga­tion at William Heath & Co. Our ex­perts re­gret that they can­not an­swer read­ers’ let­ters per­son­ally. All cor­re­spon­dence should be sent to them at the ad­dress given above. We re­gret that we can­not ac­knowl­edge let­ters. Please keep them brief. Send your prop­erty prob­lems to:

Prop­erty Clinic, The Daily Tele­graph, 111 Buck­ing­ham Palace Road, Lon­don SW1W 0DT email prop­[email protected] tele­graph.co.uk

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