Fence / boundary / R0A issue

Re: Fence / boundary / R0A issue

Postby arborlad » Fri Jul 18, 2014 8:27 am

muz666 wrote:.... at the top of the alleyway the horizontal part of the T there is a boundary to another property on a different road, fence that has been recently replaced and the owner decided to include a gate in the new fence that gives them access to the shared alleyway..



Apart from the neighbour with the contentious gate, are there any other properties with a continuation of that boundary?
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Re: Fence / boundary / R0A issue

Postby ukmicky » Fri Jul 18, 2014 11:44 pm

muz666 wrote:
Dave 57 wrote:This thread has dragged on far to long and is now going round in circles getting nowhere. There is little point in trying to contact the owner of the passage, he will probably not be interested in sorting it out, nor have any financial incentive to get involved.
This narrow strip of land is worthless to the legal owner, and has effectively been abandoned into the care of the owners of the 4 houses which it serves.
The 4 house owners should stand together and take control of the situation and do whatever is necessary to prevent the rear house owner using this land.
At the moment he claims the gate is only to maintain his fence, but this could be the thin end of the wedge. He could be looking to use the passage as a short cut. If this happens, the longer it carries on the more difficult it will be to stop it. This needs nipping in the bud now!


I have a feeling the owner will turn out to be the original builder, which seems common with these situations. So it could be considered to be abandoned.
We already keep the alley maintained and some have done for at least 30-40 yrs to my knowledge.

I am curious to the motive for the fence gate and whether it it is just for maintenance or indeed a foothold?

So what can be done to take control of the situation?



Sorry but It actually does not matter what his motives are because you have no legal right to prevent anyone from entering onto the alley.

A Row on a deed is only one of many ways a right of use can occur, .

In theory if you were to lock the gate he could break it open as you cant prove he is not allowed to use the alley and you have no legal right to make him prove he has. The police would also not want to know if you called them . If i were him and i broke the lock and you called the police,i would say you do not own the alley and it was preventing a legally held implied right of access. The police will never in a million years try and prove me wrong and would go away .

Basically the only way you can take control of the situation is to be nice to him, welcome him into your fold and you never know he may then take an active role in maintaining the alley along side everyone else.
Advice given is not legally qualified and you are advised to gain a professional opinion
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Re: Fence / boundary / R0A issue

Postby ukmicky » Fri Jul 18, 2014 11:44 pm

muz666 wrote:
Dave 57 wrote:This thread has dragged on far to long and is now going round in circles getting nowhere. There is little point in trying to contact the owner of the passage, he will probably not be interested in sorting it out, nor have any financial incentive to get involved.
This narrow strip of land is worthless to the legal owner, and has effectively been abandoned into the care of the owners of the 4 houses which it serves.
The 4 house owners should stand together and take control of the situation and do whatever is necessary to prevent the rear house owner using this land.
At the moment he claims the gate is only to maintain his fence, but this could be the thin end of the wedge. He could be looking to use the passage as a short cut. If this happens, the longer it carries on the more difficult it will be to stop it. This needs nipping in the bud now!


I have a feeling the owner will turn out to be the original builder, which seems common with these situations. So it could be considered to be abandoned.
We already keep the alley maintained and some have done for at least 30-40 yrs to my knowledge.

I am curious to the motive for the fence gate and whether it it is just for maintenance or indeed a foothold?

So what can be done to take control of the situation?



Sorry but It actually does not matter what his motives are because you have no legal right to prevent anyone from entering onto the alley.

A Row on a deed is only one of many ways a right of use can occur, .

In theory if you were to lock the gate he could break it open as you cant prove he is not allowed to use the alley and you have no legal right to make him prove he has. The police would also not want to know if you called them . If i were him and i broke the lock and you called the police,i would say you do not own the alley and it was preventing a legally held implied right of access. The police will never in a million years try and prove me wrong and would go away .

Basically the only way you can take control of the situation is to be nice to him, welcome him into your fold and you never know he may then take an active role in maintaining the alley along side everyone else.
Advice given is not legally qualified and you are advised to gain a professional opinion
ukmicky
 
Posts: 4546
Joined: Sat Sep 27, 2008 10:13 pm
Location: London

Re: Fence / boundary / R0A issue

Postby arborlad » Sat Jul 19, 2014 12:19 pm

arborlad wrote:
muz666 wrote:.... at the top of the alleyway the horizontal part of the T there is a boundary to another property on a different road, fence that has been recently replaced and the owner decided to include a gate in the new fence that gives them access to the shared alleyway..



Apart from the neighbour with the contentious gate, are there any other properties with a continuation of that boundary?


..............additional to the above, is there any evidence that a gate ever existed in that fence, a path even?.........likewise any other neighbours fence/s.
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Re: Fence / boundary / R0A issue

Postby span » Sun Jul 20, 2014 12:12 pm

Save your typing, lads. Muzz666 has been found out, and I doubt if we'll see a return. Another one that posted questions and didn't like the answers that came back.
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Re: Fence / boundary / R0A issue

Postby MacadamB53 » Sun Jul 20, 2014 5:22 pm

span wrote:Save your typing, lads. Muzz666 has been found out, and I doubt if we'll see a return. Another one that posted questions and didn't like the answers that came back.

do you think? :D
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Re: Fence / boundary / R0A issue

Postby arborlad » Sun Jul 20, 2014 11:32 pm

span wrote:Save your typing, lads. Muzz666 has been found out, and I doubt if we'll see a return. Another one that posted questions and didn't like the answers that came back.



What leads you to that conclusion?
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Re: Fence / boundary / R0A issue

Postby COGGY » Mon Jul 21, 2014 12:04 am

Could it be cos he hasn't posted anything since Thursday? :roll:

Coggy
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Re: Fence / boundary / R0A issue

Postby arborlad » Mon Jul 21, 2014 10:33 am

COGGY wrote:Could it be cos he hasn't posted anything since Thursday? :roll:

Coggy



There could be all sorts of reasons for that, computer/internet problems etc., but it doesn't give any substance to this claim: 'Muzz666 has been found out, and I doubt if we'll see a return. Another one that posted questions and didn't like the answers that came back.'
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Re: Fence / boundary / R0A issue

Postby MacadamB53 » Mon Jul 21, 2014 10:46 am

Hi arborlad,

There could be all sorts of reasons for that, computer/internet problems etc.

not computer or internet problems - the OP has visited the site multiple times since their last contribution.

Kind regards, Mac
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Re: Fence / boundary / R0A issue

Postby arborlad » Mon Jul 21, 2014 10:55 am

MacadamB53 wrote:Hi arborlad,

There could be all sorts of reasons for that, computer/internet problems etc.

not computer or internet problems - the OP has visited the site multiple times since their last contribution.

Kind regards, Mac



Last visited:Fri Jul 18, 2014 7:58 am
arborlad

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Re: Fence / boundary / R0A issue

Postby span » Mon Jul 21, 2014 12:33 pm

It was a pretty bald assertion by me alright. :D But funny how it's usually the ones who call me aggressive or confrontational or rude and act all passive-aggressive themselves who turn out to be wrong'uns.

In so far as it's possible to be a wrong'un on here of course. Generally, even those can get good fair constructive advice here, if they can see past themselves and heed it.

So I posted that on Thursday and it's now Monday, with no reply. Prior to that was pretty quick responses by the OP.

Yeah, I still say Muzz666 won't be back. Which is a shame, as I'd quite like to have heard some answers to arborlads questions in particular.
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Re: Fence / boundary / R0A issue

Postby MacadamB53 » Mon Jul 21, 2014 1:10 pm

Hi span,

I'd quite like to have heard some answers to arborlads questions in particular.

me too - I doubt muz will do the honours though...

Kind regards, Mac
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