Ownership, the land register and actual use
Neighbours’ past practice alone does not establish permanent rights to access, pipes or other use. I review the land register, underlying deeds and agreements, bringing registered rights and actual use into a coherent legal assessment.
Before purchase or construction, this can prevent reliance on merely tolerated use. Public-law requirements and private use rights must be assessed separately. Planning compliance does not automatically replace an affected owner’s consent.
Ending interference and securing solutions
For overhang, boundaries or unauthorised use, I establish the facts and each party’s rights. Plans, surveys or technical findings may be needed. Hasty self-help can create additional liability.
I frame claims for cessation, removal or toleration and assess agreements. Continued use requires clear scope, maintenance, costs and duration; permanent protection may also need a land-register entry.
Practical examples
These examples describe typical situations. The appropriate response depends on the facts of each case.
Documents for the initial assessment
Useful documents include a current land-register extract, registration deeds, site and survey plans, photos and neighbour agreements. A chronology should explain when the use or interference began and what was agreed.
Frequently asked questions
Is a driveway used for years automatically legally secured?
Actual use alone does not settle this. The land register, deed, agreements and specific statutory rights may be decisive. I check who may use the access, to what extent, and whether deliveries, customers or changed use are covered.
How do a public-law building obligation and an easement differ?
A public-law building obligation concerns duties towards the building authority. An easement secures private rights over land. A project may need both; one does not simply replace the other. I therefore review public-law and private-law protection separately.
Can I challenge noise or other interference from neighbouring land?
This depends on the nature, intensity and duration of the interference and any duty to tolerate it. I assess claims to stop or remove the interference and possible compensation. Logs, photographs and technical findings help establish its actual effects.
May a neighbour enter my land for building works?
Access requires an applicable legal basis and satisfaction of its conditions. I review the purpose, notice, scope and possible safeguards. An agreement can regulate access, timing, restoration, liability and costs, reducing avoidable disputes.
What if there is a boundary or encroachment dispute?
First establish the boundary, construction and chronology. Cadastral records and surveys may be essential. I assess removal, tolerance and compensation issues. Unilateral demolition or blocking access can escalate the dispute and generate further claims.
Do you advise on shared access, utilities and facilities?
Yes. I draft provisions on use, upkeep, repairs, costs and liability. If a right must survive a change of ownership, appropriate protection as a right over land needs assessment. A clear plan or description of the affected area is often important.