POINTS OF LAW
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:
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