In 2015, Andrew purchased a freehold detached house. The title was registered at the Land Registry.
On one side is a house owned by Ben. On the other side is a house owned by Charles.
Ben built an extension some years ago on the back of his house. The gutters of the extension overhang Andrew’s garden
Ben wants to paint the gutters and build a further extension. To carry out this work he needs access to Andrew’s garden, but Andrew refuses to allow Ben to come on to his land.
Andrew noticed that Charles’s house was vacant as Charles was abroad. Andrew moved the fence so that part of Charles’s garden was now within the boundaries of his (Andrew’s) garden. He built a greenhouse on his part and planted some trees. He allowed his chickens to run over the rest of Charles’s garden and has thrown rubbish on to it. Charles has returned unexpectedly and tells Andrew to remove the greenhouse and the rubbish, but Andrew says that Charles’s garden now belongs to him.
Andrew is considering the sale of his property. He has made a path in the garden with some decorative stones and intends to take the stones and some ornamental bushes with him when he moves.
Andrew has found a bag of gold coins identified as Roman, buried in the garden. He says that he is entitled to keep the coins.
Task (Note: Each question below is equally weighted)
Using the case study above, advise Andrew in relation to the following:
·
Whether he can insist that Ben removes the overhanging gutters?
·
Whether he can stop Ben from coming on to his land?
·
Whether the garden belongs to Andrew?
·
Whether Andrew can remove the decorative stones and ornamental bushes?
·
Whether Andrew can keep the coins?
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