Search found 5192 matches

by ukmicky
Mon Sep 28, 2020 12:13 am
Forum: General Topics
Topic: Purchasing property with breached restrictive covenant
Replies: 19
Views: 312

Re: Purchasing property with breached restrictive covenant

So the benefit may be that of a view . Can these buildings been seen from the estate land How did the owner of the large estate get to contact you and ask for the money. . It a gamble but you could say you will on purchasing of the property use the rule under section 84 of the Law and property Act I...
by ukmicky
Sun Sep 27, 2020 7:31 pm
Forum: General Topics
Topic: Purchasing property with breached restrictive covenant
Replies: 19
Views: 312

Re: Purchasing property with breached restrictive covenant

The Neighbour's house is approximately 1 mile away Explain more about this please , Does their land border the land you want to buy. Are there easements across their land that benefits the land you want to buy Can you see one house from the other. Plus any other info. Also can we see the exact word...
by ukmicky
Sun Sep 27, 2020 2:47 pm
Forum: Boundaries
Topic: Neighbour's extension inc conservatory forms boundary - advice please
Replies: 14
Views: 204

Re: Neighbour's extension inc conservatory forms boundary - advice please

Yes see the other post That is currently being discussed on this forum . You do need to see however how long the conservatory has been up and hope it’s been less than 20 years .. Look at old satellite shots . After 20 years easement rights can be gained ,in your case Right to light and the right to ...
by ukmicky
Wed Sep 23, 2020 10:30 pm
Forum: Trees
Topic: Highways agency
Replies: 11
Views: 231

Re: Highways agency

Ring him back and say under the highways act they had to give you 14 days notice allowing you remove the obstruction yourself and they could only enter onto your property after the expiration of those 14 days. yes in theory they committed a trespass but damages for a simple trespass is next to nothi...
by ukmicky
Tue Sep 15, 2020 10:55 pm
Forum: Rights of Way
Topic: ROW - future liability for maintenance where silent on deeds?
Replies: 14
Views: 333

Re: ROW - future liability for maintenance where silent on deeds?

Solicitor is a D$¥k.

The only time you can be found liable if the obstruction is of a non natural nature. Such as someone dumping something on the Row.
by ukmicky
Mon Sep 14, 2020 11:29 pm
Forum: Boundaries
Topic: Planning and boundary fence question
Replies: 42
Views: 691

Re: Planning and boundary fence question

No right to light after 3 years
by ukmicky
Thu Sep 10, 2020 11:22 pm
Forum: Landlord and Tenant
Topic: Right of way across neighbour’s garden
Replies: 50
Views: 446

Re: Right of way across neighbour’s garden

You do not legally have to close the gate. I always close my gate however. I can’t explain why I close it , it’s just something to me that In my mind needs to be done. If there was a dog next door that could come on my land an use it as a toilet I would have a Rational reason as to why I close it.
by ukmicky
Thu Sep 10, 2020 10:55 pm
Forum: Rights of Way
Topic: ROW - future liability for maintenance where silent on deeds?
Replies: 14
Views: 333

Re: ROW - future liability for maintenance where silent on deeds?

No it’s not correct. I have no idea why a solicitor who I would have thought would have enough experience in the law would say such a thing. Where there is no shared access an easement for a single property does not need a right to maintain added to the wording as he or she has an ancillary right to...
by ukmicky
Thu Sep 10, 2020 10:26 pm
Forum: Fences
Topic: Neighbour's new 6ft gate
Replies: 29
Views: 637

Re: Neighbour's new 6ft gate

These two cases do seem to me to be counter-intuitive, suggesting that if you get away with erecting a fence in breach of PP you must leave it to get old and look scruffy, because if you replace it with something new you'll have to apply for PP (though it would be interesting to see if you could bi...
by ukmicky
Thu Sep 10, 2020 12:00 am
Forum: Fences
Topic: Neighbour's new 6ft gate
Replies: 29
Views: 637

Re: Neighbour's new 6ft gate

Well the cases substantiate themselves as fact . They are also all available to view to everyone with a computer if the person does a simple search as I’ve provided full case names and dates. As I’m also working date wise from today backwards through the cases nothing yet has been archived so all wi...
by ukmicky
Wed Sep 09, 2020 11:15 pm
Forum: Fences
Topic: Neighbour's new 6ft gate
Replies: 29
Views: 637

Re: Neighbour's new 6ft gate

The only higher level after the appeal of an enforcement notice is that of judicial review . As this case is about the interpretation of the words in the GPDO if a case had gone to judicial review as all planning inspectors then would have to follow the ruling from the high court judicial review if ...
by ukmicky
Wed Sep 09, 2020 1:21 am
Forum: Fences
Topic: Neighbour's new 6ft gate
Replies: 29
Views: 637

Re: Neighbour's new 6ft gate

pilman wrote: Tue Sep 08, 2020 11:41 am Sorry to interrupt the ukmicky v Collaborate spat,
Come on Pilman this is Garden law we don't have spats , we have minor disagreements. :D
by ukmicky
Tue Sep 08, 2020 11:01 pm
Forum: Fences
Topic: Neighbour's new 6ft gate
Replies: 29
Views: 637

Re: Neighbour's new 6ft gate

I knew you wouldnt post any case law on the matter. I can give 5 or 6 examples . Probably lots more if I was to go back a few decades but I would have to wait until Monday when I get back to work and get on my main computer But let’s start with this one as it’s the most recent and is also an appeal ...
by ukmicky
Mon Sep 07, 2020 10:48 pm
Forum: Fences
Topic: Neighbour's new 6ft gate
Replies: 29
Views: 637

Re: Neighbour's new 6ft gate

I could but I don’t need to as you were the one who said I was wrong therefore it’s you who should provide the legal authority. That’s how it works is it not.

As it a legal interpretation of an act of Parliament, Case law please not a web site link that only offers an opinion
by ukmicky
Mon Sep 07, 2020 12:50 am
Forum: Boundaries
Topic: Limitations Act 1980
Replies: 3
Views: 125

Re: Limitations Act 1980

Your understanding of the new rules under the LRA 2002 is correct . You can’t however get around the LRA 2002 by using the limitations Act if the land is registered land as there is no limitations period for registered land. The LRA 2002 disapplied the limitations act for registered land As for tres...