Commentary

127 Preventing the acquisition of rights of way

ALLOTMENTS, SMALLHOLDINGS AND GARDENS vol 2(3)
| Commentary

127 Preventing the acquisition of rights of way

| Commentary

127 Preventing the acquisition of rights of way

It is important for a garden owner to prevent third parties or the public establishing a right of way over an unenclosed garden, and where a public or private right of way exists, for him to see that the rights exercised are limited to those lawfully exercisable; for example that a right of way on foot is not exercised with vehicles, and that footpath users keep to the defined path. If an adjoining owner or his tenant uses a ‘short cut’ across his neighbour’s garden for upwards of 20 years this may

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