Search found 4939 matches

by ukmicky
Mon Oct 14, 2019 11:10 pm
Forum: General Topics
Topic: Forum Update
Replies: 56
Views: 4764

Re: Forum Update

Its about not having posts on the forum which may put people off ,preventing them from coming on and asking for help.
by ukmicky
Sun Oct 13, 2019 4:30 pm
Forum: Boundaries
Topic: Adverse Possession - Council Acquired Land
Replies: 8
Views: 243

Re: Adverse Possession - Council Acquired Land

Currently do not speak to the council about it at least until you have gathered all your evidence as they may check to see if it’s registered. Councils however are not good at registering land so there is a chance it’s unregistered. Acknowledgment of title Is something that only covers procedures un...
by ukmicky
Sun Oct 13, 2019 3:35 pm
Forum: Boundaries
Topic: Title Plan or Original Deed Plan
Replies: 12
Views: 282

Re: Title Plan or Original Deed Plan

I haven’t read all your posts but the below may be applicable Adverse possession law. The third condition Which prevents an owner from claiming there land back after 10 years The third condition is that the squatter has been in adverse possession of land adjacent to their own for at least 10 years u...
by ukmicky
Thu Oct 10, 2019 11:00 pm
Forum: Rights of Way
Topic: New member and this must be a first for this forum
Replies: 366
Views: 21833

Re: New member and this must be a first for this forum

My understanding the diminution in value will be pleaded in lieu of an injunction .. In lieu of an in junction means the current status quo remains and you get damages to make up for your reduced access now and in the future. So you need to win your case and the court then has to determine . A. If ...
by ukmicky
Wed Oct 09, 2019 11:46 pm
Forum: Boundaries
Topic: Bought land need advice
Replies: 6
Views: 164

Re: Bought land need advice

He is not a tenant so has no protected rights of occupation against the paper owner and as it’s your land and your right to occupation is better than his , common law allows you to enter without a court order and remove his stuff and then fence it off. If he is on the land when you do it you have to...
by ukmicky
Wed Oct 09, 2019 11:39 pm
Forum: Rights of Way
Topic: New member and this must be a first for this forum
Replies: 366
Views: 21833

Re: New member and this must be a first for this forum

In lieu of an injunction. So you are happy to allow him to keep his fence for a sum of money If you win the court may not agree that this is something where damages should be paid out in lieu of an injunction (it being a simple fence )and grant an injunction instead and order damages to be paid of ...
by ukmicky
Wed Oct 09, 2019 11:33 pm
Forum: Rights of Way
Topic: New member and this must be a first for this forum
Replies: 366
Views: 21833

Re: New member and this must be a first for this forum

In lieu of an injunction.

So you are happy to allow him to keep his fence for a sum of money
by ukmicky
Tue Sep 24, 2019 10:54 pm
Forum: Trees
Topic: Tree in lower flat affecting my upper flat (I am their freeholder)
Replies: 11
Views: 571

Re: Tree in lower flat affecting my upper flat (I am their freeholder)

No because ownership rights to airspace do not extend out horizontally they extend up vertically. The legal dictum is since the 17th century is ‘he who owns the soil owns up to heaven and down to hell, The person who owns the rights to garden owns the rights to the Airspace above the garden so his t...
by ukmicky
Mon Sep 23, 2019 11:24 pm
Forum: Trees
Topic: Tree in lower flat affecting my upper flat (I am their freeholder)
Replies: 11
Views: 571

Re: Tree in lower flat affecting my upper flat (I am their freeholder)

Your Tyneside flat is no different to other flats. You owning his freehold and him owning yours is the normal practise all over the country. No you have no right to perform the action yourself and his lease trumps your freehold right. Normally he is legally under no obligation to cut back his tree I...
by ukmicky
Tue Sep 10, 2019 11:27 pm
Forum: Fences
Topic: Party Wall Fences
Replies: 8
Views: 316

Re: Party Wall Fences

A wooden fence is not a party wall fence. It may sound odd but the word fence in the party wall act does not mean wooden fence. A wooden fence can be shared but it doesn’t come under the party wall act legislation . The deeds saying it is shared doesn’t mean after all these years it is now. It all d...
by ukmicky
Fri Sep 06, 2019 9:49 pm
Forum: General Topics
Topic: Town market place owned by local landowner
Replies: 2
Views: 177

Re: Town market place owned by local landowner

What makes you think the marketplace is highway land
by ukmicky
Wed Sep 04, 2019 12:53 am
Forum: Flooding
Topic: Farmers land up against my wall
Replies: 4
Views: 426

Re: Farmers land up against my wall

I agree with Mr sheen .

You will need to place a waterproof membrane against your wall and then return the land back to normal
by ukmicky
Wed Sep 04, 2019 12:44 am
Forum: Boundaries
Topic: Speeding on Right of Way
Replies: 17
Views: 697

Re: Speeding on Right of Way

???? 'Excessive speed'= excessive use???..definition of 'excessive speed' on roadway with no speed limit? Just because its a private road with no expressely granted maximum speed limit ,there is nothing legally preventing someone taking a case to court to gain a ruling on a new scenario, asking for...
by ukmicky
Sun Sep 01, 2019 12:32 am
Forum: Boundaries
Topic: Speeding on Right of Way
Replies: 17
Views: 697

Re: Speeding on Right of Way

Even though there has never been a case I could see excessive speed as being a potential tort for excessive user.

Maybe i should check out the criteria
by ukmicky
Wed Aug 28, 2019 5:24 pm
Forum: Boundaries
Topic: Adjoining boundary, do I have one ?
Replies: 19
Views: 588

Re: Adjoining boundary, do I have one ?

I was wondering whether a house with an existing right of way over a piece of land could sell a small strip ol their land to someone else without a right of way. Would this pass on a right of way to the purchaser of the strip of land ? That's an interesting question! One might assume that as the ri...