Search found 2349 matches

by mr sheen
Thu Apr 18, 2019 2:07 pm
Forum: Rights of Way
Topic: New member and this must be a first for this forum
Replies: 308
Views: 15859

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

Arborlad says so doesn't cut it in court....no matter how impressive it is that you have seen literally hundreds of properties (and with your own eyes no doubt.) Properties incorporate land, rights and responsibilities and these cannot be assumed or inferred based on the baseless assumption that pro...
by mr sheen
Thu Apr 18, 2019 12:22 pm
Forum: Rights of Way
Topic: New member and this must be a first for this forum
Replies: 308
Views: 15859

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

Although the easement element of the situation may not be relevant, the way the properties were laid out and used 'when first built', in all likelihood will be a mirror image of each other. What???! Properties mirror image each other? Says who? "In all likelihood" is that a legal concept that stand...
by mr sheen
Wed Apr 17, 2019 9:21 pm
Forum: Rights of Way
Topic: New member and this must be a first for this forum
Replies: 308
Views: 15859

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

No right of way is recorded on the disclosed part of that particular document but that does not categorically rule it out, especially if they make a claim of such rights. Correct it isn't your business unless they substantially interfere with your right of way; only the owner of the land is likely t...
by mr sheen
Wed Apr 17, 2019 4:29 pm
Forum: Rights of Way
Topic: New member and this must be a first for this forum
Replies: 308
Views: 15859

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

Why do you think this is relevant to your dispute?
by mr sheen
Wed Apr 17, 2019 7:17 am
Forum: Rights of Way
Topic: New member and this must be a first for this forum
Replies: 308
Views: 15859

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

The weight of evidence is now tipping in your favour. The better and weightier the evidence the more likely that a settlement can be forced/encouraged if the respondent believes that court is likely to be the only other outcome. Look for more photos that hopefully can show it remained cleared until ...
by mr sheen
Tue Apr 16, 2019 7:42 am
Forum: Rights of Way
Topic: New member and this must be a first for this forum
Replies: 308
Views: 15859

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

Hi Mac That one piece of evidence hasn't convinced the respondent or his solicitors and a counter-argument is being developed....for which there is likely to be evidence. Once one knows the counter-argument that is being used, one is in the advantageous position to be able to develop and strengthen ...
by mr sheen
Mon Apr 15, 2019 9:01 pm
Forum: Rights of Way
Topic: New member and this must be a first for this forum
Replies: 308
Views: 15859

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

<t>I owned a pair of semi-detached 18century cottages with complex history and when I purchased them, the land next to cottage A was owned by cottage B......with older properties assumptions that we make today are not necessarily the legal position. Winning I n court is something of a gamble. Eviden...
by mr sheen
Mon Apr 15, 2019 6:05 pm
Forum: Rights of Way
Topic: New member and this must be a first for this forum
Replies: 308
Views: 15859

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

No not discounting anything. The points made are valid in this case. The extent to which the hedge is 'largely' irrelevant will be argued by your side. The respondent has now outlined the basis of his defence which also has basis in law and the extent to which it applies to this specific case will f...
by mr sheen
Mon Apr 15, 2019 4:29 pm
Forum: Rights of Way
Topic: Resurfacing a Right of Way
Replies: 73
Views: 1526

Re: Resurfacing a Right of Way

Mac This is a neighbour dispute.....why would you suggest trying to get more neighbours, notably the NT, involved? 3 pages of help and advice have been provided to try to help resolve the gate closing problem. Who knows what is really going on here because the gate closing problem could be resolved ...
by mr sheen
Mon Apr 15, 2019 3:29 pm
Forum: Rights of Way
Topic: Resurfacing a Right of Way
Replies: 73
Views: 1526

Re: Resurfacing a Right of Way

Mac
Think you missed out that OP should of course offer to pay for any changes requested of the National Trust since I assume you aren't suggesting that the NT diverts our money from its objectives because a local resident is subject to gate shutting by their neighbour
by mr sheen
Mon Apr 15, 2019 1:18 pm
Forum: Rights of Way
Topic: Resurfacing a Right of Way
Replies: 73
Views: 1526

Re: Resurfacing a Right of Way

Then your options are... 1. Live with them closing the gate, ignore it and get on with your life 2. Seek an injunction to stop them closing the gate which will allow all the issues to be aired in court and a judgement about who is behaving reasonably and who is not, although both sides will probably...
by mr sheen
Mon Apr 15, 2019 12:07 pm
Forum: Rights of Way
Topic: Resurfacing a Right of Way
Replies: 73
Views: 1526

Re: Resurfacing a Right of Way

I suggest that you thank the kind person who takes the time to close it for you. This is a non-issue being escalated unnecessarily. There is clearly ill-feeling due to former disputes so people are being awkward and doing what they are able to cause annoyance without breaking the law (the police wi...
by mr sheen
Mon Apr 15, 2019 8:26 am
Forum: Rights of Way
Topic: Resurfacing a Right of Way
Replies: 73
Views: 1526

Re: Resurfacing a Right of Way

Your rights as owner of the gate are to remove it if you so wish......if you choose not to remove it then I suggest that you thank the kind person who takes the time to close it for you. This is a non-issue being escalated unnecessarily. There is clearly ill-feeling due to former disputes so people ...
by mr sheen
Sun Apr 14, 2019 1:53 pm
Forum: Rights of Way
Topic: New member and this must be a first for this forum
Replies: 308
Views: 15859

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

The grant of a right of way would have been as granted at the time of the grant and if part of the land was hedged then the right of way could not have included the land bearing the hedge and certain intentions can also be determined if a hedge was in place concerning land behind the hedge. Aerial p...
by mr sheen
Tue Apr 09, 2019 8:39 am
Forum: Rights of Way
Topic: New member and this must be a first for this forum
Replies: 308
Views: 15859

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

So.....time to decide if court action is going follow. He can of course act for himself, he doesn't have to have a solicitor. Pre-action protocols only become relevant if the case goes all the way to court and a judgement. Issuing court action will determine what his intentions are. "Send him the bi...