Search found 2610 matches

by mr sheen
Wed May 27, 2020 10:05 pm
Forum: Fences
Topic: Neighbour fence issue
Replies: 4
Views: 54

Re: Neighbour fence issue

Good outcome.
by mr sheen
Wed May 27, 2020 4:22 pm
Forum: Fences
Topic: Neighbour fence issue
Replies: 4
Views: 54

Re: Neighbour fence issue

You know you didn’t pay for and erect the fence because it pre-dates your occupancy, so it may have been paid for and erected by the neighbour on their land. If it was paid for and erected by the neighbour on their land then she is right you shouldn’t have attached anything to it or drilled into it ...
by mr sheen
Wed May 27, 2020 11:02 am
Forum: Rights of Way
Topic: Who owns a 1200 year old lane?
Replies: 5
Views: 163

Re: Who owns a 1200 year old lane?

Like many historic ways, the ownership may be unknown but it is actually irrelevant. Lots of people use it and only the owner is likely to be able to stop people using it. Many users will have historic rights over it and some people may have gained rights over it by long usage, so even if the ‘owner...
by mr sheen
Tue May 26, 2020 8:33 am
Forum: Rights of Way
Topic: Right of way over council land
Replies: 3
Views: 145

Re: Right of way over council land

If I was faced with this I would get a solicitor to respond presenting a clear legal position to the Council based on, and quoting, the documentary evidence so that the matter does not arise again later. IMO it would be worth the cost to get it cleared up properly. Thé additional benefit of getting ...
by mr sheen
Tue May 26, 2020 8:21 am
Forum: Trees
Topic: Oak tree with TPO
Replies: 12
Views: 181

Re: Oak tree with TPO

Trees that offer amenity value are protected for the benefit of the public and if a tree is deemed to be important for the public and for the environment, then this takes priority so it is protected. So the LA are not being difficult, they are carrying out their duty to protect the public and the en...
by mr sheen
Sun May 24, 2020 6:13 am
Forum: Rights of Way
Topic: extent of highway
Replies: 12
Views: 224

Re: extent of highway

The LA will be able to tell you what is ‘highway’ and what is adopted. Even where land is owned by a property owner, it can still be classed as highway.

Perhaps if you explain what you are seeking to do or hoping for, someone may be able to provide some idea of the chances of what you seek.
by mr sheen
Sat May 23, 2020 1:16 pm
Forum: Rights of Way
Topic: extent of highway
Replies: 12
Views: 224

Re: extent of highway

There isn’t really enough information in your post to give a definitive answer and it isn’t clear what you really want to determine. There is a difference between what is considered ‘highway’ and ‘adopted’, the 2 are not necessarily the same. Presumably the LA put the kerbs in, so they own the kerbs...
by mr sheen
Wed May 20, 2020 6:38 pm
Forum: Fences
Topic: Fence line obscuring roundabout line of sight
Replies: 7
Views: 162

Re: Fence line obscuring roundabout line of sight

Visibility splays are for the safety of road users and people who obscure them can risk lives so LA tend to enforce them and insurance companies may pursue people who take action that contributes to injury in an incident.

Best to work with the LA to agree best outcome for all.
by mr sheen
Mon May 18, 2020 1:07 pm
Forum: Fences
Topic: Damaged fence liability
Replies: 3
Views: 122

Re: Damaged fence liability

You have the burden to prove how the damage occurred....have you got a surveyors report? Did you put the neighbours ‘on notice’ that damage was occurring or likely? Have the neighbours accepted liability for the damage? If the answers to the above questions are ‘no’, then you need to check you house...
by mr sheen
Sun May 10, 2020 8:53 am
Forum: Rights of Way
Topic: RoW dispute with neighbour
Replies: 91
Views: 1988

Re: RoW dispute with neighbour

The electric gates have been in situ since 2008. They were jointly paid for. They were in situ when you bought and you accepted them. It would appear that all parties have acquiesced to the existence of the electric gates.

Who maintains them? Is there a written agreement to maintain them?
by mr sheen
Sat May 09, 2020 2:54 pm
Forum: Rights of Way
Topic: Elderly neighbor has tripped on a path i own but they have a row- terraced housing
Replies: 74
Views: 3304

Re: Elderly neighbor has tripped on a path i own but they have a row- terraced housing

Any invitee has the right to use the right of way. It is The neighbour’s property that benefits from a right to access and egress to and from it via the pathway, there will be fluctuations in numbers of people using it. This is private land and hence ‘lockdown’ issues are irrelevant....we are not pr...
by mr sheen
Fri May 08, 2020 8:48 pm
Forum: Rights of Way
Topic: RoW dispute with neighbour
Replies: 91
Views: 1988

Re: RoW dispute with neighbour

Whilst the academic discussion about easements is very interesting, I think a key point is being lost. Who is going to take this matter to court? There is clearly a documented right of way so legitimate use of the land, so who is going to spend the money for this academic discussion to be played out...
by mr sheen
Fri May 08, 2020 8:38 pm
Forum: Boundaries
Topic: Boundary erected on our property
Replies: 14
Views: 442

Re: Boundary erected on our property

Yes you can cut them back to your fence. You should offer the arisings back to the tree owner. You need to check how many conifers constitutes a hedge....not sure 2 is enough if you want to go down route of High Hedge complaint since it is the legislation that determines how many make a hedge not wh...
by mr sheen
Thu May 07, 2020 12:03 am
Forum: Trees
Topic: DANGEROUS TREE
Replies: 5
Views: 228

Re: DANGEROUS TREE

If the tree was deemed unsafe by a specialist to the extent that it should be felled, the owner has a degree of liability should anyone be injured or killed or anything damaged by it. If he did not act on the advice, in the event of a tree-related incident, his insurance would refuse to pay out and ...
by mr sheen
Wed May 06, 2020 5:08 pm
Forum: Rights of Way
Topic: New member and this must be a first for this forum
Replies: 415
Views: 29405

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

Why would he have placed a fence anywhere other than on the boundary in the position that he perceived it?
I wouldn’t accept this.