Obstructing my right of way outside of the right of way

Re: Obstructing my right of way outside of the right of way

Postby annie08 » Mon Oct 16, 2017 6:01 pm

Yes. His original intention was to grant the ROW so his intention and actions since then are not in the spirit of the ROW. That's how our QC interpreted it in our case anyway.

We wouldn't have been able to prevent the owner of the ROW using the piece of land in front of it. Happily the planners prevented him from demolishing the boundary wall as it's an ancient wall in a conservation area so he continues to use the perfectly good access he already has.

Good luck.
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Re: Obstructing my right of way outside of the right of way

Postby MacadamB53 » Mon Oct 16, 2017 6:06 pm

annie08 wrote:Yes. His original intention was to grant the ROW so his intention and actions since then are not in the spirit of the ROW. That's how our QC interpreted it in our case anyway.

We wouldn't have been able to prevent the owner of the ROW using the piece of land in front of it. Happily the planners prevented him from demolishing the boundary wall as it's an ancient wall in a conservation area so he continues to use the perfectly good access he already has.

Good luck.
I'm not going to argue with your QC, but there is case law which has established the opposite - land near to but not included in a ROW is not burdened.
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Re: Obstructing my right of way outside of the right of way

Postby annie08 » Mon Oct 16, 2017 6:11 pm

Hi Mac. Opinions do vary and who knows what a judge may decide but it may be worth the OP raising it with his legal advisors at least. I think common sense and what is reasonable plays a part in a judicial decision if the law allows.
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Re: Obstructing my right of way outside of the right of way

Postby stressederic » Mon Oct 16, 2017 7:29 pm

MacadamB53 wrote:Hi stressederic,

its not like its a prize flower and bed

suppose both the alleged NFH and your good self sell up and move on...

...some time after his successor- a very nice chap - wants to put the verge land to some other use.

are you suggesting he could not because your successor would have a right to drive over it?

I think you are, and I think you're mistaken.

kind regards, Mac


Hi Mac,

I see you pov and a nice chap would probably note how ridiculous and unreasonable the positioning of the posts are and remove them...however, as my solicitor keeps telling me, we cannot work on assumptions/'what ifs' and only work with what is factual/happening as of now. The facts are what has been previously mentioned.

I would hope any court hearing would look at what is reasonable and look to apply some common sense to the situation.

Thanks.
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Re: Obstructing my right of way outside of the right of way

Postby stufe35 » Thu Nov 02, 2017 9:43 pm

How's it going ?
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Re: Obstructing my right of way outside of the right of way

Postby stressederic » Thu Nov 02, 2017 9:45 pm

stufe35 wrote:How's it going ?


Been a few letters between sols, but no real head way. Seems the sols are playing the litigation card of letter ping pong.
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