Search found 2443 matches

by mr sheen
Tue Sep 03, 2019 1:56 pm
Forum: Boundaries
Topic: Dogs, fences and boundaries!
Replies: 12
Views: 503

Re: Dogs, fences and boundaries!

[quote=Collaborate post_id=213519 time=1567513622 user_id=21583] There is no duty of care owed by a landlord to prevent harm caused by outside forces. There is of course a duty of care to ensure that the property itself doesn't cause harm, but OP's situation is entirely different. [/quote] Are you p...
by mr sheen
Tue Sep 03, 2019 11:38 am
Forum: General Topics
Topic: Excavating garden to ground level potential problem
Replies: 9
Views: 335

Re: Excavating garden to ground level potential problem

This is a discussion forum and whilst you will get opinions from the info you have provided, we cannot see the wall or the neighbour's property so anything said here cannot be used to determine what action to take on your part. You need the opinion and advice of a professional engineer, structural e...
by mr sheen
Tue Sep 03, 2019 9:57 am
Forum: General Topics
Topic: Undeclared and Unregistered Water Pipes
Replies: 7
Views: 233

Re: Undeclared and Unregistered Water Pipes

Property is sold complete with all easements and rights, known or unknown. You could go back to your conveyancer and find out what questions were asked of the sellers to see if they gave any 'false' information but from the above they indicate 'not known' which puts the onus on you to investigate fu...
by mr sheen
Tue Sep 03, 2019 9:48 am
Forum: Flooding
Topic: Farmers land up against my wall
Replies: 4
Views: 253

Re: Farmers land up against my wall

The farmer has not changed anything that has resulted in damp, the land has been like that for centuries....a good surveyor would have picked this up when you bought the property....and you bought in full knowledge that you did not own any land on that side of the property ie you had no control over...
by mr sheen
Tue Sep 03, 2019 9:36 am
Forum: Boundaries
Topic: Dogs, fences and boundaries!
Replies: 12
Views: 503

Re: Dogs, fences and boundaries!

If the dog gets into your garden and bites the tenant's child then the tenant will sue you since you failed to take action to prevent the foreseeable injury of a staffy getting at the small child of a paying tenant at your property and has evidence that you knew about it and did not take appropriate...
by mr sheen
Tue Sep 03, 2019 9:26 am
Forum: Boundaries
Topic: Speeding on Right of Way
Replies: 17
Views: 540

Re: Speeding on Right of Way

???? 'Excessive speed'= excessive use???..definition of 'excessive speed' on roadway with no speed limit? Accurate determination of speeds - calibrated camera with trained operator? Or calibrated speed camera fixed in position (right and justification issues?) All users recorded for comparison?........
by mr sheen
Wed Aug 28, 2019 12:57 pm
Forum: Rights of Way
Topic: Resurfacing a Right of Way
Replies: 119
Views: 3709

Re: Resurfacing a Right of Way

The row of cottages is circa 1700, really pretty things but were old workers cottages and all the gardens, accesses and such were all open. In rows of workers cottages as you describe there would be rights of way over all the gardens.....how did you prevent their ROW across your garden? How did the...
by mr sheen
Wed Aug 28, 2019 11:24 am
Forum: Rights of Way
Topic: Resurfacing a Right of Way
Replies: 119
Views: 3709

Re: Resurfacing a Right of Way

I'm afraid that in this type of multi-faceted dispute where you have previously 'won/held out' for proof of assertions, I would presume that you have PROOF of your assertion that the space should be bigger than they are allowing, since without such proof how do you intend to get a bigger space than ...
by mr sheen
Wed Aug 28, 2019 8:29 am
Forum: Rights of Way
Topic: Resurfacing a Right of Way
Replies: 119
Views: 3709

Re: Resurfacing a Right of Way

Do any of your other threads have a bearing on this situation? Yes and no Aborlad. Yes, because this is all obviously related to our ROW dispute. They have never moved on from this and seem hell bent on punishing us for ever more. They hate this parking right that my mums cottage has and had a disp...
by mr sheen
Tue Aug 27, 2019 5:58 pm
Forum: Hedges
Topic: Subsidence
Replies: 8
Views: 382

Re: Subsidence

Subsidence of a property is a costly and upsetting thing to happen. You have the choice to cooperate and assist your neighbours or be awkward and make life even more difficult for them at this time. I would write back and ask for the insurers to cover my necessary legal costs to assess their request...
by mr sheen
Tue Aug 27, 2019 1:43 pm
Forum: Boundaries
Topic: Speeding on Right of Way
Replies: 17
Views: 540

Re: Speeding on Right of Way

If someone is injured you would sue or claim on their car insurance for injuries just as if you were injured as a pedestrian. If there is no gate currently then you would be introducing an obstruction so you take a chance that they will remove it or sue and then you take your chance as to who would ...
by mr sheen
Tue Aug 27, 2019 12:39 pm
Forum: Boundaries
Topic: Speeding on Right of Way
Replies: 17
Views: 540

Re: Speeding on Right of Way

Any 'speed limit' you put in place is unenforceable. A gate on a ROW where there is currently no gate could be considered to be a 'substantial interference' depending on the circumstances and whether the dominant tenement agree to the gate. Dominant tenements can remove objects that are deemed a sub...
by mr sheen
Tue Aug 27, 2019 7:20 am
Forum: Fences
Topic: Advice on moving fence
Replies: 91
Views: 2935

Re: Front Garden Path/Fence

Absolutely agree with above post. This is a communal pathway that to all and sundry appears to be part of the pathway network around the development and this is supported by the deeds confirming 'communal' rights. Posters implying that rights over this communal pathway could be legitimately removed ...
by mr sheen
Mon Aug 26, 2019 6:19 pm
Forum: Fences
Topic: Advice on moving fence
Replies: 91
Views: 2935

Re: Front Garden Path/Fence

IdefixUK There is no specified granted easement to trade. The pathway is a common facility serving multiple properties, exactly which ones is not for you to determine..... Just as in the Ellenborough Park case, a Judgement would be required to determine the exact meaning and intention of the grant a...
by mr sheen
Sun Aug 25, 2019 8:30 am
Forum: Fences
Topic: Advice on moving fence
Replies: 91
Views: 2935

Re: Front Garden Path/Fence

If the grantors had wanted to grant specific rights of way and create identified dominant and servient tenements, they could have done exactly that. However in this case the grantors went further and created common facilities and common pathways for the use of any property that they 'serve' (and FY...