Search found 2298 matches

by mr sheen
Fri Feb 22, 2019 4:46 pm
Forum: Rights of Way
Topic: neighbours want to build on shared drive
Replies: 17
Views: 361

Re: neighbours want to build on shared drive

The spif includes a disclosure that seller's use was via agreement and hence with consent. The OP does not have sufficient use but relies on the seller's use for the qualifying period and the seller has already disclosed the agreement. Disclosure rules would apply and evidence would be given under o...
by mr sheen
Fri Feb 22, 2019 7:47 am
Forum: Rights of Way
Topic: Signage on Easement
Replies: 102
Views: 1911

Re: HELP PLEASE - Right of way issue

Arborlad It Will cost as much as it costs and take as long as it takes if one really wants to put an end to these shenanigans and permanently resolve the dispute. Once someone demonstrates such irrational behaviour as lying across a digger, it is time to use the appropriate routes to achieve a perma...
by mr sheen
Thu Feb 21, 2019 10:43 pm
Forum: Rights of Way
Topic: neighbours want to build on shared drive
Replies: 17
Views: 361

Re: neighbours want to build on shared drive

No if what you are saying is that in the spif the Sellers informed you that they used land as result of an agreement. This would be enough to prevent prescriptive rights developing.
by mr sheen
Thu Feb 21, 2019 8:48 pm
Forum: Rights of Way
Topic: neighbours want to build on shared drive
Replies: 17
Views: 361

Re: neighbours want to build on shared drive

No prescriptive right has accrued since an agreement existed and there is even written evidence of such an agreement; and agreement and consent to use land prevents a prescriptive right accruing. Your solicitor could find no written grant of an easement so unless you have found such a grant, the agr...
by mr sheen
Thu Feb 21, 2019 8:25 pm
Forum: Rights of Way
Topic: neighbours want to build on shared drive
Replies: 17
Views: 361

Re: neighbours want to build on shared drive

The above statement from your solicitor seems to make the position very clear. You chose to proceed with the purchase despite this advice that clearly indicates that no rights seem to exist and that the permission granted can be withdrawn at any time.....now is the time.
by mr sheen
Thu Feb 21, 2019 10:10 am
Forum: Rights of Way
Topic: Signage on Easement
Replies: 102
Views: 1911

Re: HELP PLEASE - Right of way issue

I reiterate what I said earlier. If you are confident of your rights, The way to deal with this type of behaviour is to go to court and get details of your rights formally accepted, recorded and agreed by court along with an injunction to prevent any interference with your rights. (Ensure you have p...
by mr sheen
Tue Feb 19, 2019 6:16 pm
Forum: Rights of Way
Topic: Signage on Easement
Replies: 102
Views: 1911

Re: HELP PLEASE - Right of way issue

No issue with your narrative about breach of the peace, only your view that your advice re: appropriate way to way to deal with an attending police officer is not to co-operate but instruct the officer what s/he 'cannot' do and what they "have to" do, despite the officer having been called because t...
by mr sheen
Tue Feb 19, 2019 8:11 am
Forum: Rights of Way
Topic: Signage on Easement
Replies: 102
Views: 1911

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 mr sheen
Mon Feb 18, 2019 9:17 pm
Forum: Rights of Way
Topic: Signage on Easement
Replies: 102
Views: 1911

Re: HELP PLEASE - Right of way issue

The police are unlikely to be interested in the details of the civil dispute and assertions of relevant case law which would be subject to scrutiny by opposing barristers for a Judge to decide. They may well arrest both parties if a breach of the peace is likely . The police are under no obligation ...
by mr sheen
Mon Feb 18, 2019 8:05 pm
Forum: Rights of Way
Topic: Signage on Easement
Replies: 102
Views: 1911

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 lai...
by mr sheen
Mon Feb 18, 2019 4:17 pm
Forum: Rights of Way
Topic: Signage on Easement
Replies: 102
Views: 1911

Re: HELP PLEASE - Right of way issue

This could be a costly exercise for you so you need a solicitor who can review all the evidence and take your case to court, as oppose to getting snippets of information from well-meaning individuals who cannot see all the written evidence and visit the site in question.
by mr sheen
Mon Feb 18, 2019 3:11 pm
Forum: Rights of Way
Topic: Signage on Easement
Replies: 102
Views: 1911

Re: HELP PLEASE - Right of way issue

You need to take court action and prove that you have a right of way and right to maintain said right of way and seek an injunction to prevent such interference with your rights. if you succeed in proving you have such rights and injunction, she would be arrested if she interferes again. If your rig...
by mr sheen
Fri Feb 15, 2019 9:28 pm
Forum: General Topics
Topic: Trees on unregistered land
Replies: 4
Views: 143

Re: Trees on unregistered land

Unregistered land is still owned by someone, it just hasn't got into the land registry system. The landowner has the right to grow trees on his land whether neighbours like them or not. The registered or unregistered status of land is irrelevant to ownership, all land is owned by someone. You have t...
by mr sheen
Thu Feb 14, 2019 10:04 am
Forum: Rights of Way
Topic: Resurfacing a Right of Way
Replies: 14
Views: 426

Re: Resurfacing a Right of Way

If you own the land you are within your rights to resurface it whenever you wish. it is polite to give the other users notice and seek to minimise any adverse effects on them. If you are not seeking to recoup any monies then there is no real issue. The surface you provide should be minimally equival...
by mr sheen
Wed Feb 13, 2019 6:37 pm
Forum: Rights of Way
Topic: Resurfacing a Right of Way
Replies: 14
Views: 426

Re: Resurfacing a Right of Way

The best way to get money from people is via discussion and negotiation and getting them to hand it over voluntarily. Even though you claim the deeds specify a contribution , the exact wording needs to be reviewed to assess the probability of recovery of costs and the amount likely recoverable. Who ...