Search found 4813 matches

by ukmicky
Sat Feb 23, 2019 1:05 am
Forum: Rights of Way
Topic: neighbours want to build on shared drive
Replies: 17
Views: 324

Re: neighbours want to build on shared drive

The word agreement can mean many different things . Written and verbal Agreements are also the main cause of easement rights being created due to propriety estoppel. The problem with verbal agreements is they have the potential of not helping anyone without evidence of terms. Certainty of terms is p...
by ukmicky
Sat Feb 23, 2019 12:57 am
Forum: Rights of Way
Topic: neighbours want to build on shared drive
Replies: 17
Views: 324

Re: neighbours want to build on shared drive

bluecliffsofdover wrote:
Fri Feb 22, 2019 8:15 pm
Hi roblewis, thank you for your input, what is the actual deed is it attached to the L/R map marking the boundaries (official copy of register title)? which goes on about boundary/ drains etc

Yes . there is a section that deals with express easements.
by ukmicky
Fri Feb 22, 2019 3:31 pm
Forum: Rights of Way
Topic: neighbours want to build on shared drive
Replies: 17
Views: 324

Re: neighbours want to build on shared drive

The problem is since 2017 as far as the law is concerned there is a legal presumption that access was without permission once the claimant of a prescriptive easement can show twenty years of use. The claimant of a prescriptive easement does not have to show it was without permission . It’s a rebutta...
by ukmicky
Fri Feb 22, 2019 12:44 am
Forum: Fences
Topic: Replacing Fence
Replies: 6
Views: 104

Re: Replacing Fence

Do you think it is shared ,yours or theirs. ?
by ukmicky
Fri Feb 22, 2019 12:00 am
Forum: Rights of Way
Topic: neighbours want to build on shared drive
Replies: 17
Views: 324

Re: neighbours want to build on shared drive

hi all, sorry it states unwritten agreement on actual s.p.i.f by sellers and not mutual as put in my initial post, Explain more. (An agreement has to be mutual) "The seller has referred to a shared drive with your neighbour but no rights relating to the same are contained in the title. So your neig...
by ukmicky
Wed Feb 20, 2019 8:42 pm
Forum: Rights of Way
Topic: neighbours want to build on shared drive
Replies: 17
Views: 324

Re: neighbours want to build on shared drive

It says in our deeds that no R.O.W. exists over our property.

Weird thing for a deed to say.

What does your deed say about easements. Exact wording please
by ukmicky
Wed Feb 20, 2019 4:27 pm
Forum: Rights of Way
Topic: Signage on Easement
Replies: 101
Views: 1860

Re: HELP PLEASE - Right of way issue

The act of preventing you from filling in the pot holes is called derogation from grant and you already have enough evidence to sue them for it . When they called the police on you they provided you with all the evidence you needed. Blocking your access is called substantial interference and you can...
by ukmicky
Wed Feb 20, 2019 3:10 am
Forum: Fences
Topic: Neighbour's fence safety hazard
Replies: 2
Views: 103

Re: Neighbour's fence safety hazard

Panels can sometimes come out in high winds but if it was a fence issue rather than a Mother Nature issue you could probably take him to court . However would it really be worth it. You could just postcrete in 2 , 2 by 2 inch posts in front of each panel to prevent the panels from coming off your wa...
by ukmicky
Tue Feb 19, 2019 2:12 pm
Forum: Rights of Way
Topic: Signage on Easement
Replies: 101
Views: 1860

Re: HELP PLEASE - Right of way issue

Ukmicky you may believe that it is reasonable to give OPs advice that includes arguing the intricacies of criminal law with the police .....I, on the other hand, do not, especially when I was not actually present and hence had no real idea of what happened and what the tensions were that the police...
by ukmicky
Mon Feb 18, 2019 11:56 pm
Forum: Rights of Way
Topic: Signage on Easement
Replies: 101
Views: 1860

Re: HELP PLEASE - Right of way issue

Interesting Ukmicky. Are you advocating arguing the law of breach of the peace with the police when they turn up and refusing to cooperate if the police attempt to arrest one on suspicion of criminal activity for which suspicion suffices since the Police do not determine guilt. The neighbour has la...
by ukmicky
Mon Feb 18, 2019 7:19 pm
Forum: General Topics
Topic: Trees on unregistered land
Replies: 4
Views: 142

Re: Trees on unregistered land

There are lots of unregistered strips of land and the owner is fully aware they own the land and would do everything required to protect their property. There are lots of unregistered strips of land that are owned by someone but the land has been forgotten about or deeds lost and the real owner of t...
by ukmicky
Mon Feb 18, 2019 6:18 pm
Forum: Rights of Way
Topic: Signage on Easement
Replies: 101
Views: 1860

Re: HELP PLEASE - Right of way issue

One of the many police officers who don’t know the law and have no idea what is actually required for a breech of the peace and why there have been many condensation claims paid out for unlawful arrest. To be arrested for a breech of the peace which is actually a common law offence (not a criminal o...
by ukmicky
Mon Feb 18, 2019 5:03 pm
Forum: Rights of Way
Topic: Private shared parking and easements
Replies: 12
Views: 286

Re: Private shared parking and easements

Currently you can’t do nothing . You need evidence that it is occurring often and evidence of repeated requests for him to stop doing it. Why do you say that for? Because the only way to stop him doing it if he won’t stop through verbal requests is to threaten court action. You don’t threaten court...
by ukmicky
Sun Feb 17, 2019 9:37 pm
Forum: Rights of Way
Topic: Private shared parking and easements
Replies: 12
Views: 286

Re: Private shared parking and easements

Currently you can’t do nothing . You need evidence that it is occurring often and evidence of repeated requests for him to stop doing it.
by ukmicky
Sat Feb 16, 2019 10:42 pm
Forum: General Topics
Topic: Development of a studio built in a garden
Replies: 80
Views: 1664

Re: Development of a studio built in a garden

Can we see a picture