Wealden Times | WT208 | June 2019 | Kitchen & Bathroom supplement inside
Wealden Times - The lifestyle magazine for the Weald
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Legal<br />
Jill Thomas from Thomas Haywood Scolicitors draws on her professional<br />
experience to diffuse Right of Way disputes between neighbours...<br />
“An Englishman’s home is his castle... Except that one of my clients, who<br />
owned a castle, found that wasn’t really the case, because the tenant of his<br />
keep objected when he erected locked gates over the shared drive.<br />
Rights of way may have been granted expressly or may have arisen from<br />
necessity or from long use. First, I establish the physical extent of that right<br />
and the use to which it may be put (for example, whether vehicular or<br />
pedestrian). Secondly, I examine whether that right has been infringed.<br />
Undoubtedly the best way to sort out disputes is between neighbours. If that<br />
is impossible, I usually recommend mediation by a specialist property mediator,<br />
which enjoys a success rate of over 90%. If that doesn’t work, there are really<br />
only four options – putting up with the situation, self-help (which should only<br />
be employed if you have definite legal advice that you can do so), litigating<br />
or moving house. The last may not be a possibility as the dispute must be<br />
disclosed in the conveyancing transaction and most purchasers will run a mile.<br />
Often, property owners have legal expenses insurance which may contribute<br />
to their legal costs. It is worth notifying insurers at the outset, as cover is not<br />
generally retrospective and proceedings can be expensive. On the other hand,<br />
if you can’t access your property as you wish and you can’t sell it because of the<br />
dispute, you may have no choice. There’s a lot to be said for a drawbridge…”<br />
Jill Thomas is a partner with ThomasHaywood Solicitors and a member of the<br />
Property Litigation Association. She has over 30 years’ experience of property<br />
litigation and 25 years’ of property mediation. thomashaywoodsolicitors.com<br />
Reece - Jones<br />
Working with YOU, not just for YOU<br />
FAMILY LAW expertise in Sevenoaks<br />
Wellers Reece-Jones Solicitors has been serving families and<br />
businesses in Sevenoaks for over 50 years. We are proud of our<br />
reputation for outstanding service and we are really pleased to<br />
introduce our new family law solicitor in the Sevenoaks office,<br />
Zoe Nichols, a hugely experienced solicitor who can provide<br />
you with guidance and advice on:<br />
• Divorce<br />
• Children matters<br />
• Financial settlements<br />
• Pre-nuptial<br />
agreements<br />
• Cohabitation issues<br />
Please ask for Zoe on: 01732 457575<br />
or email reception.sevenoaks@wellerslawgroup.com<br />
Wellers Reece-Jones, 50 - 52 London Rd, Sevenoaks, Kent TN13 1AS<br />
• Family Law • Conveyancing • Wills • Trusts • Probate<br />
• Estate Administration • Powers of Attorney<br />
Wellers Reece-Jones is a trading name of Wellers Law Group LLP which is registered in England and Wales,<br />
Reg No. OC350170, and is authorised and regulated by the Solicitors Regulation Authority No 525515.<br />
• Tax planning<br />
• Profit improvement strategies<br />
• Business development advice<br />
• Inheritance tax advice<br />
• Succession planning<br />
• Payroll<br />
Get in touch now to arrange your free consultation<br />
www.mageegammon.com 01233 630000 mg@mageegammon.com<br />
161 wealdentimes.co.uk<br />
ClothCourt-WellersWT207.indd 1 10/04/<strong>2019</strong> MageeGammonWT194.indd 14:52<br />
1 13/03/2018 12:30
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