Search found 4867 matches

by ukmicky
Wed May 22, 2019 11:13 pm
Forum: Rights of Way
Topic: Vehicular ROW dispute - claim of false deeds!
Replies: 140
Views: 4287

Re: Vehicular ROW dispute - claim of false deeds!

I also find it difficult to believe that there has ever been legal authority on this particular subject as to whether a planning condition has more legal validity than a granted easement. Pilman Forget about any disagreements we may have had in the past ,you need to trust me on this one . There is ...
by ukmicky
Tue May 21, 2019 10:50 pm
Forum: Rights of Way
Topic: Vehicular ROW dispute - claim of false deeds!
Replies: 140
Views: 4287

Re: Vehicular ROW dispute - claim of false deeds!

A legally granted right of way cannot be extinguished by any section of the Town and Country Planning Act, which was first enacted by Parliament in 1948 and last amended in 1990 Did I say extinguish. No I didn’t say planning permission can extinguish an easement right.. but it can prevent an easeme...
by ukmicky
Tue May 21, 2019 10:09 pm
Forum: Rights of Way
Topic: Vehicular ROW dispute - claim of false deeds!
Replies: 140
Views: 4287

Re: Vehicular ROW dispute - claim of false deeds!

Wow , seriously . I apply for planning permission to build 4 bungalows. Consent is given but a condition is attached requiring a wall to be built to the side of one of the bungalows. I build the bungalows and and sell them but also grant an access easement that runs directly through the wall which w...
by ukmicky
Mon May 20, 2019 11:11 pm
Forum: Rights of Way
Topic: Vehicular ROW dispute - claim of false deeds!
Replies: 140
Views: 4287

Re: Vehicular ROW dispute - claim of false deeds!

PP definitely does not overide the rights of third parties over land. If that were the case then anyone wanting to obstruct someone's ROW would simply apply for PP that includes an obstruction Planning permission is statutory law which is superior to common law and whilst PP cant grant permission f...
by ukmicky
Sun May 19, 2019 6:21 pm
Forum: General Topics
Topic: Development of a studio built in a garden
Replies: 99
Views: 3194

Re: Development of a studio built in a garden

We have found over 50 breaches of the Council`s own planning regulations for a Conservation area, including some very serious ones relating to fire hazard. Yet the planning officer appointed to the case already tried to approve the 5th application. This is the 7th. He is now writing to neighbours t...
by ukmicky
Thu May 16, 2019 10:56 pm
Forum: Fences
Topic: Wall into fence? Highway adjacent or not?
Replies: 25
Views: 584

Re: Wall into fence? Highway adjacent or not?

That is not bad, I was expecting a lot worse. I’ve pulled down and rebuilt a longer wall my self over 3 week ends on my own. I also would not be replacing that with a fence and to do so would reduce the value of you your house. Get a quote to perform a partial rebuild and repointing of the whole wal...
by ukmicky
Wed May 15, 2019 11:07 pm
Forum: Fences
Topic: Wall into fence? Highway adjacent or not?
Replies: 25
Views: 584

Re: Wall into fence? Highway adjacent or not?

If it’s also not to bad it can be forcibly straightened ,repaired and skimmed with concrete
by ukmicky
Sat May 11, 2019 6:56 pm
Forum: Fences
Topic: Wall into fence? Highway adjacent or not?
Replies: 25
Views: 584

Re: Wall into fence? Highway adjacent or not?

Also adjacent can and normally does include verges .

The thing to do would be to apply for an LDC before you do anything.


Can it not be repointed ?


Do you have a picture showing it’s condition
by ukmicky
Sat May 11, 2019 6:08 pm
Forum: Fences
Topic: Wall into fence? Highway adjacent or not?
Replies: 25
Views: 584

Re: Wall into fence? Highway adjacent or not?

I thought this was settled Law due to old appeal cases where it was determined that where a substantial section of a wall or fence over 1 meter that’s sits adjacent to the highway is removed and rebuilt, it will deemed to be new development requiring planning permission and will not be permitted dev...
by ukmicky
Wed May 08, 2019 11:46 pm
Forum: Rights of Way
Topic: running services to garden across/over neighbours pathway.
Replies: 11
Views: 324

Re: running services to garden across/over neighbours pathway.

Our property and our neighbours were once owned by the same family. The property was sub-divided to allow the son to build his own dwelling and the outside spaces were divided accordingly. The son's house was subsequently transferred to his ownership. We later bought the original family home but th...
by ukmicky
Wed May 08, 2019 11:38 pm
Forum: Rights of Way
Topic: New member and this must be a first for this forum
Replies: 326
Views: 16986

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

I couldn’t see the opinion coming back in favour of your neighbour ,so it’s nice to see it in black and white.
by ukmicky
Wed May 08, 2019 11:31 pm
Forum: Rights of Way
Topic: Our building work, rights of way and neighbours
Replies: 17
Views: 477

Re: Our building work, rights of way and neighbours

Sorry but in regards to your neighbours , blocking the ROW for 6 hours at a time is not reasonable and you have no right to do so. It’s possible a court could deem just on occasion as being substantial obstruction because in reality being prevented from gaining access to your house or be prevented f...
by ukmicky
Wed May 08, 2019 12:43 am
Forum: Rights of Way
Topic: Our building work, rights of way and neighbours
Replies: 17
Views: 477

Re: Our building work, rights of way and neighbours

There are differing views on this one so be careful It was my impression from the other things I read here that have been written here that they couldn't make us legally liable for repairs. As I said before, it reality, we will need to keep the track passable for ourselves and because we don't want ...
by ukmicky
Mon May 06, 2019 5:23 pm
Forum: Rights of Way
Topic: Our building work, rights of way and neighbours
Replies: 17
Views: 477

Re: Our building work, rights of way and neighbours

Planning permission should be refused for development resulting in the loss or deterioration of irreplaceable habitats, including ancient woodland and the loss of aged or veteran trees found outside ancient woodland, unless the need for, and benefits of, the development in that location clearly out...
by ukmicky
Mon May 06, 2019 3:28 pm
Forum: Rights of Way
Topic: right of way
Replies: 11
Views: 358

Re: right of way

They can’t stop you. The only way would be if the increased burden from barn to holiday let became excessive which it is not. There is nothing preventing you from changing its use . You also have the right to cut back the overgrowth, you don’t need there permission providing you only cut back to the...