Search found 2363 matches

by mr sheen
Wed Jun 12, 2019 2:11 pm
Forum: Rights of Way
Topic: Change of usage to right of way
Replies: 60
Views: 5183

Re: Change of usage to right of way

Wow this is getting extremely complicated. Seeking to simplify .... You can 'seek' and 'insist' all you like but ultimately parties can come to a reasonable agreement or spend lots on legal costs and leave it up to a Judge and gamble with costs. Your remedy if people have been using your land withou...
by mr sheen
Fri Jun 07, 2019 12:39 pm
Forum: Boundaries
Topic: When is your garden not your garden...?
Replies: 10
Views: 426

Re: When is your garden not your garden...?

You are entering into a contract to buy what is clearly identified in the documents. This is a written contract transaction where you buy what is shown on the documents in exchange for money. Usually the situation on the ground and the documents match and your solicitor usually asks you to confirm e...
by mr sheen
Tue May 28, 2019 7:46 pm
Forum: General Topics
Topic: Listed Building & Building Regulations Consent
Replies: 4
Views: 127

Re: Listed Building & Building Regulations Consent

Listed building violations can be criminal offences. This can be a complex area and liability passes to new owners, so if I was you I'd ask the current owners to sort out Listed building consent for all works and get property accepted as currently is (have direct experience of this occurring on sale...
by mr sheen
Wed May 15, 2019 4:42 pm
Forum: Rights of Way
Topic: Right of Access
Replies: 3
Views: 333

Re: Right of Access

In most cases, It is the neighbouring property that has the rights across your land, not the neighbours themselves. Therefore anyone legitimately crossing your land to access the property which benefits from rights of access across your land has to be able to exercise these rights; not just the peop...
by mr sheen
Sun Apr 28, 2019 8:07 am
Forum: Rights of Way
Topic: Gates on footpaths
Replies: 36
Views: 993

Re: Gates on footpaths

Collaborate.... Please point out where anyone has suggested a PROW has to be 'wheelchair friendly'!!!?? :roll:
No-one has said that!!........are you equating 'disabled' with 'wheelchair-user'?
Only 5% of disabled people are wheelchair users......someone needs some diversity training methinks!
by mr sheen
Sat Apr 27, 2019 9:19 pm
Forum: Rights of Way
Topic: Gates on footpaths
Replies: 36
Views: 993

Re: Gates on footpaths

[quote="Clifford Pope" post_id=211921 time=<a href="tel:1556380361">1556380361</a> user_id=13280] Round us the local authority has been putting in a lot of new metal "kissing gates" - the kind that have an enclosed swinging gate so users have to pass through one at a time. They are certainly not us...
by mr sheen
Sat Apr 27, 2019 3:22 pm
Forum: Rights of Way
Topic: Gates on footpaths
Replies: 36
Views: 993

Re: Gates on footpaths

Thanks again both. So it seems that “no gates” is not reasonable and we need to find something that is as as easy to operate as possible for less able people. No problem and happy to explain that to a judge. no gates is the default unobstructed expectation, the introduction of gates has to be agree...
by mr sheen
Sat Apr 27, 2019 8:32 am
Forum: Rights of Way
Topic: Gates on footpaths
Replies: 36
Views: 993

Re: Gates on footpaths

Answers to Qs 1 no set width. Some farm tracks are Public Footpaths and are 4m wide. There has to be enough width for people to pass and repass and due to LAs seeking to widen Disabled Access the historical width is sometimes enforced. 2 no recovery of costs for relocation since the position of the ...
by mr sheen
Fri Apr 26, 2019 7:48 pm
Forum: Rights of Way
Topic: Gates on footpaths
Replies: 36
Views: 993

Re: Gates on footpaths

You need to check what the right of way is defined as in the Definitive Map which the council have. You need to ensure that it is in fact a public footpath and nothing else. The right of way is historical and rights obtained historically are indeed relevant. You cannot get rid of the right to pass o...
by mr sheen
Fri Apr 26, 2019 9:17 am
Forum: Rights of Way
Topic: Gates on footpaths
Replies: 36
Views: 993

Re: Gates on footpaths

The determination is whether the gate(s) forms a 'substantial interference' with the rights to pass and repass over the servient land. This determination is made by a Judge in court. In general an unlocked gate has not been deemed a substantial interference but of course every set of circumstances a...
by mr sheen
Thu Apr 25, 2019 7:49 pm
Forum: Animals
Topic: Squirrel damage to roof
Replies: 13
Views: 485

Re: Squirrel damage to roof

Collaborate that brought a :D to my face....think I'll campaign for a 'like' button it was needed here :D :D :D
by mr sheen
Thu Apr 25, 2019 1:16 pm
Forum: Boundaries
Topic: I want to 'adopt' my grass verge...
Replies: 14
Views: 522

Re: I want to 'adopt' my grass verge...

They could just remove it off the highway so don't be surprised if it just disappears.
by mr sheen
Thu Apr 25, 2019 1:01 pm
Forum: Boundaries
Topic: I want to 'adopt' my grass verge...
Replies: 14
Views: 522

Re: I want to 'adopt' my grass verge...

They may, or may not, care. If someone complains the council may send you a letter. If the council choose to pursue the matter to prevent a precedent being set and everyone doing similar, then you may well be sent a bill for costs (labour to remove fence from highway which verge probably is legally)...
by mr sheen
Wed Apr 24, 2019 7:24 am
Forum: Hedges
Topic: That's not your hedge!
Replies: 9
Views: 616

Re: That's not your hedge!

The owner of the lane may wish to discuss this matter with the neighbouring landowner but these are the only 2 people that are relevant in this matter. The chances are that the hedge historically marked the boundary between the lane and the neighbour's land and hence that the neighbour owns the hedg...
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: 326
Views: 17668

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...