Garden Law Discussion

You can only sell and transfer to someone else land that you own. The plan should reflect the land you are transferring since you cannot transfer land you don’t own.

A prescriptive right of way means that they have a right to pass and repass over land owned by you as a result of historic longtime use. If they can prove this in court they will win. Presumably you have a solicitor that has indicated that you have a defence worth fighting the claim in court......if...

Hi Viola, if only they knew a complaint notification to the council would of had the eyesore removed you can not know what action the LPA would’ve taken - them being aware of a planning breach doesn’t not necessarily lead to the outcome you’ve assumed. kind regards, Mac I didn't assume it, was told...

Boundary position agreement written up by and managed by a solicitor and signed by both parties may be a way.

« The neighbour effectively gave us the land ».....this statement is guaranteed to create issues with owners down the line. Evidence? Land transactions need to be in writing........or the land needs to be subject to successful AP claim with appropriate documentary evidence. My experience.....only la...

When buying property, buyers are becoming increasingly aware that boundary disputes are costly financially and emotionally and consequently if there is a mismatch between the plan of the land and the situation on the ground alarm bells ring and solicitors raise awareness and seek to address any issu...

Sick 2 death of the Covid 19 excuse for why no one can do anything ! OMG! :shock: someone who thinks a garden wall and equivalent nonesense is more important than people’s health or indeed someone’s life! Not onlythat person’s life but also the lives of all their family and friends and the nurses, ...

An agricultural tenancy agreement on the field would come with any rights associated with the field eg right to access via a lane that serves the field. You say you ‘controlled’ the lane but if the lane goes to the field, then as a tenant of the field you would have rights of way over the lane, so y...

It looks as though they are pursuing the matter against you as a tenant and the fact that you paid any rent is a problem. Did you have a tenancy agreement in writing showing exactly what you were renting and the rent paid? I would say you need a solicitor to review all the documentation to see if th...

Please clarify exactly what you have received....you say ‘CC possession of property form???
What exactly is the title of this?
Is it a CC order?

[quote="mr sheen" post_id=215507 time=<a href="tel:1583845082">1583845082</a> user_id=11922] The construction has been completed in a safe manner....no injuries have been reported presumably and the designer/contractor has constructed a structure fit for purpose in a safe manner..... I disagree - f...

Mr Sheen This is a domestic structure built entirely on land owned by the property owner. The fencer has no obligation to give information to a neighbour and even if you could argue that CDM regs apply (which is doubtful) what does that have to do with anyone other than the Principal Contractor, De...

The original retaining wall was structurally unsound and despite full knowledge of that OP bought the property. The neighbouring property is 2m higher thanOPs so landslide is indeed an issue. Thé neighbour has installed good retaining structure to replace the unsound retaining wall, ie they have ful...

The op is concerned about the structural integrity of the newly erected fence , these regs would help the op point out to the neighbour and the appropriate authorities if necessary that the op is responsible for ensuring a structurally safe fence is erected and give the op a basis to take action if...

I am intrigued to understand why you believe the cdm regs would not apply to this construction project.? My understanding (given that they do apply) is they give clear lines of responsibility to ensure any structures are designed and installed by competent people to recognised standards. I would lo...