T marks indicate boundary?

Re: T marks indicate boundary?

Postby MacadamB53 » Sun Dec 04, 2016 9:03 pm

Hi Dorje,

This would oblige a vehicular ROW user to walk the length of the ROW four times in order to unlock, open, close and lock the gates

only to abide by some sense of neighbourliness - the law says a dominant user can always leave them open.

Kind regards, Mac
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Re: T marks indicate boundary?

Postby Dorje » Sun Dec 04, 2016 11:46 pm

MacadamB53 wrote:the law says a dominant user can always leave them open


Hi Mac, If that is so, it's a game changer. Can you say more? Case law, examples, precedents?? My position has always been that the gates will remian open during regular business hours because I have seen the Court specify this at times. Whether that means it's standard protocol I have not been advised. If it is, I definitely would like to know. Cheers!
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Re: T marks indicate boundary?

Postby Dorje » Mon Dec 05, 2016 9:12 am

Roblewis wrote:You actually can apply to the home office for an exhumation licence to remove the body and the vendors consent or even notification is not required.


How does this statement square with what appears to be contradictory Government advice here: https://www.gov.uk/apply-for-an-exhumation-licence ?
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Re: T marks indicate boundary?

Postby Roblewis » Mon Dec 05, 2016 11:39 am

If you read the form there are questions regarding surviving relatives but no space is available for their consent. The plot owner has the control and this may be why the 2m land claim smokescreen has been created.
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Re: T marks indicate boundary?

Postby Dorje » Mon Dec 05, 2016 11:53 am

Roblewis wrote:If you read the form there are questions regarding surviving relatives but no space is available for their consent.


The form states:

[Q7] Is there any other relative of the same degree of kinship to the deceased (i.e. child, parent, brother/sister)?
Yes  No 
If Yes please ensure they have signed the declaration at Q9

[Q9] Signature(s) of consent of other relatives (if required under Q7)
I. Name:______________________________ Signature: ________________________ Date: ________________

I believe there are three surviving children and a wife/unmarried partner. My read is that their consent would be required to remove this grave.
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Re: T marks indicate boundary?

Postby MacadamB53 » Mon Dec 05, 2016 1:53 pm

Hi Dorje,

the wording of Q7 is not the best, but the part you've copied is completed if the applicant is e.g. a child of the deceased and there are others of the same kinship (i.e. applicant has living siblings).

so if, for example, you tick that you were the spouse of the deceased you do not need to have all the children, siblings, parents consent added to the form - that is covered in Q8.

Kind regards, Mac
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Re: T marks indicate boundary?

Postby Dorje » Sat Dec 24, 2016 10:53 am

MacadamB53 wrote:Hi Dorje,

This would oblige a vehicular ROW user to walk the length of the ROW four times in order to unlock, open, close and lock the gates

only to abide by some sense of neighbourliness - the law says a dominant user can always leave them open.

Kind regards, Mac


Hi Mac,

Can you provide me with a reference for this statement, namely that, "...the law says a dominant user can always leave them open."?

Merry Christmas!
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