Neighbour erecting a fence on a ROW

Re: Neighbour erecting a fence on a ROW

Postby MacadamB53 » Sat May 21, 2016 8:25 am

Dylis wrote:Yes...We want to keep our options, and those of anyone that owns this property in the future. Fully open.

you can't do that I'm afraid.

they are within their rights to enjoy their land as they see fit so long as they are not causing an ACTUAL 'substantial interference' with the use of the ROW, rather than a THEORETICAL one.

which means if/when you do rearrange your land so that you need to remove the fence in order to use the ROW... ...you remove the fence.

it would be at this point you'd start worrying about sols should they try and prevent you removing the fence.

Kind regards, Mac
MacadamB53
 
Posts: 6025
Joined: Mon Dec 10, 2012 12:13 am

Ads are not endorsed by www.gardenlaw.co.uk or the staff thereof and visitors should perform their own due diligence on the product or service offered.
 

Re: Neighbour erecting a fence on a ROW

Postby Dylis » Sat May 21, 2016 10:11 am

Thanks Mac, it's helpful having an authoritative counter argument.
It's probably the arguability of your statement that had our solicitor propose we ask for something in return instead. I.e, no loss of light, and a cable under their other yard to our garage.

We could possibly live and still function with this 1.8 metre intrusion onto our ROW, but it would have been so much better, polite, neighbourly, had they discussed it with us first.They refused our request that they wait 'till we've re-arranged things (the parking, greenhouse etc) our side and we find out if it would have hindered us in any way. There's a good chance it won't, in which case they've just caused themselves and us trouble and expense for nothing other than hubristic bullying pride.
But this is the way they do things. They had poor relations (we learn) with the previous owner and poor relations with their other close neighbour. "Their way, or no way" was the expression used. Another neighbour dare not complain about a high evergreen fence that blocks a sublime view because it might upset them. The woman next door is like an agressively psychotic version of Hiacynth Bucket (but without the charm or wit) with an obedient innefectual bumbling cipher of a husband.

Regarding the cable to our garage........... while you are here Mac.............. our own reading of our documented rights re services, it now seems, differ from that of our solicitor.
Our deeds say "the right to enter upon the land edged red on the plan to lay cleanse repair maintain and replace such pipes drains and cables under the land edged red on the plan" etc, etc. ....... all without a single comma or even a full stop at the end.
We felt this would allow us to "lay" a cable that was entirely new, not a replacement, but sol says only replacement.
Is that your interpretation?
Dylis
 
Posts: 69
Joined: Mon Apr 21, 2014 1:05 pm

Re: Neighbour erecting a fence on a ROW

Postby Dylis » Thu May 26, 2016 10:56 am

Regarding the cable to our garage..... our own reading of our documented rights re services, it now seems, differ from that of our solicitor.
Our deeds say "the right to enter upon the land edged red on the plan to lay cleanse repair maintain and replace such pipes drains and cables under the land edged red on the plan" etc, etc. ....... all without a single comma or even a full stop at the end.
We felt this would allow us to "lay" a cable that was entirely new, not a replacement, but sol says only replacement. Can anyone add any insight to this please?
Dylis
 
Posts: 69
Joined: Mon Apr 21, 2014 1:05 pm

Re: Neighbour erecting a fence on a ROW

Postby MacadamB53 » Thu May 26, 2016 11:24 am

Hi Dylis,

if the cables mentioned have been laid then the right to lay such cables has been exercised.

Kind regards, Mac
MacadamB53
 
Posts: 6025
Joined: Mon Dec 10, 2012 12:13 am

Re: Neighbour erecting a fence on a ROW

Postby Dylis » Sat May 28, 2016 6:44 pm

I'm not sure I understand you Mac.
There are no pre-existing cables under my neighbours land serving my property. I want to instal one.
Can you clarify?

Before you do though....
The wording I quoted, "the right to enter upon the land etc etc", is immediately preceeded in the same doc. by a paragraph stating "The right to lay pipes drains cables and other services now laid or hereafter within the period of eighty years from the date hereto (1973) to be laid under the land edged red (them) serving the premises edged blue (us) on the said plan". I should have quoted this paragraph earlier; either as well as, or instead of the other paragraph.
NB. both pragraphs are used later in the same doc to give the same rights to our neighbour over our property.

Our sewer runs through their property, and their water, phone and electricity run through ours.
The doc cannot be saying that after 80 years the right to repair or renew existing services, on or under each others land, will expire. That would be an extraordinary situation.
It must instead be declaring that, until 80 years has passed, we are both free to lay additional services on or under each others land.
That makes sense to me.............?

nothingtodowithme......... I would, if I could, but I can't. I don't know how to merge them all, and I'm sure it would make even more of a dog's breakfast of it all than it is already.
Dylis
 
Posts: 69
Joined: Mon Apr 21, 2014 1:05 pm

Re: Neighbour erecting a fence on a ROW

Postby Dylis » Wed Jun 01, 2016 12:43 pm

Hi,
I'm the wife :evil: ...Can anyone shed any light at all please. :D
Dylis
 
Posts: 69
Joined: Mon Apr 21, 2014 1:05 pm

Re: Neighbour erecting a fence on a ROW

Postby arborlad » Fri Jun 10, 2016 2:54 pm

Dylis wrote:nothingtodowithme......... I would, if I could, but I can't. I don't know how to merge them all, and I'm sure it would make even more of a dog's breakfast of it all than it is already.



Only the site owner has the authority to merge threads - you will have to request it.............in the interim, it might be best to choose one of your threads that you wish to use from now onwards and place a link to that in all your other threads*, along with a request to use the linked thread only.

*Your thread about kerbs may be an exception.
arborlad

smile...it confuses people
arborlad
 
Posts: 7384
Joined: Sun Jul 09, 2006 6:30 pm
Location: Hertfordshire

Re: Neighbour erecting a fence on a ROW

Postby Clifford Pope » Sat Jun 11, 2016 9:58 am

Aren't you risking problems ahead when you come to sell? A buyer will pick up the existence of the ROW and will then probably require YOU to sort it out as a precondition of purchase.
Clifford Pope
 
Posts: 400
Joined: Tue Aug 25, 2009 1:18 pm

Re: Neighbour erecting a fence on a ROW

Postby Dylis » Tue Jun 21, 2016 11:29 am

Well, at the moment nothing is to happen.
Our neighbours have infomed us through their solicitor that they have decided to leave things as they are at present.
But, want to know when we will be moving our greenhouse...
Not quite sure where it all is to lead to...lets hope all is well and we can get on with life...
Dylis
 
Posts: 69
Joined: Mon Apr 21, 2014 1:05 pm

Ads are not endorsed by www.gardenlaw.co.uk or the staff thereof and visitors should perform their own due diligence on the product or service offered.
 
Previous

Return to Fences

Who is online

Users browsing this forum: No registered users and 3 guests