In a recent inquiry, a neighbour expressed discomfort with the frequent presence of strangers due to their neighbour renting out their shared driveway for additional income.
Consumer rights lawyer Dean Dunham provides valuable insights to address the concerns raised.
Understanding Your Property Rights: A Legal Perspective
Dean Dunham suggests that the first step is to understand the specific property rights held by the concerned neighbour.
Exploring property deeds or conducting an online search at the Land Registry for an ‘office copy entry’ can reveal the rights associated with the property, including rights of way.
Rights of Way vs. Parking Rights: Clarifying Property Rights
If the neighbour holds a right of way over the driveway, it generally allows passage but doesn’t grant parking privileges.
Dean Dunham emphasizes that respecting these rights is crucial, and any breach – whether in passage or parking – needs to be addressed to maintain a harmonious living arrangement.
Addressing Breaches: Communication and Legal Recourse
In case of rights being violated, Dunham recommends open communication with the neighbour to remind them of the agreed-upon rights.
If this proves ineffective, legal recourse through a county court injunction may be pursued, requiring the neighbour to adhere to the established rights.
Consumer Rights in Online Purchases: Misled into Buying from Overseas
A separate inquiry raises concerns about online shopping, where a consumer was misled into believing they purchased jeans from a UK retailer, only to discover it’s based in China.
Dean Dunham navigates the complexities of consumer rights when dealing with overseas sellers.
Limitations of Consumer Contracts Regulations: The Role of English Law
Highlighting the importance of buying from UK sellers, Dunham clarifies that UK consumer protection laws are potent within the country or with overseas sellers governed by English law.
When dealing with non-UK sellers, protections become limited, governed by the seller’s country’s laws.
Misrepresentation and Section 75 Claims: A Legal Avenue
In cases of misrepresentation, Dunham dispels the misconception that Section 75 claims only apply to breaches of contract.
He clarifies that Section 75 of the Consumer Credit Act 1974 extends protection in cases of misrepresentation, allowing consumers to make claims against card providers.
Empowering Consumers: Section 75 Protection Beyond Breach of Contract
Dunham encourages consumers to explore Section 75 claims based on misrepresentation, especially when overseas sellers use tactics to mislead buyers.
This legal avenue, often overlooked, provides protection and avenues for redress beyond conventional breach of contract scenarios.
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