Search found 2200 matches

by mr sheen
Sun Oct 14, 2018 5:20 pm
Forum: Rights of Way
Topic: Right of Way advice
Replies: 6
Views: 132

Re: Right of Way advice

The owner of land can do whatever they like with the land that they own which includes the grant of a private right of way or offer the land as public right of way. The offer of public rights over land often satisfies requirements to get planning for developments. As long as the rights relate to lan...
by mr sheen
Fri Oct 12, 2018 7:37 pm
Forum: Rights of Way
Topic: Language of a deed
Replies: 5
Views: 179

Re: Language of a deed

IMO - taking snippets given in posting: Beneficial owners ie it is accepted that each of the owners of each piece has the right to make the grant to others. Grant relates to all of each piece of land having rights to pass and repass, so verge would be included. Grant does NOT state that the right of...
by mr sheen
Wed Oct 10, 2018 5:15 pm
Forum: Rights of Way
Topic: Change of usage to right of way
Replies: 55
Views: 2588

Re: Change of usage to right of way

What chance of getting an injunction did Counsel give you before this hearing?..remember he gets paid win or lose.
by mr sheen
Wed Oct 10, 2018 4:50 pm
Forum: Rights of Way
Topic: Change of usage to right of way
Replies: 55
Views: 2588

Re: Change of usage to right of way

Thanks for the update...was wondering how things were going. Sadly, No injunction and Costs awarded to them is sending you a message you don't seem to be getting. Your counsel would advise of your chance of recovering any of the costs awarded against you. Costs for further action will make these loo...
by mr sheen
Wed Oct 10, 2018 8:44 am
Forum: Boundaries
Topic: Private access road - resurfacing a section.
Replies: 104
Views: 966

Re: Private access road - resurfacing a section.

Excellent research and comments Mugwump based upon objective data as oppose to subjective opinion of OP. I agree with you and also doubt that OP owns land on which 4x4 is parked and hence the OP is unlikely to be able to prevent the neighbour parking there since there is no substantial interference....
by mr sheen
Wed Oct 10, 2018 7:12 am
Forum: Rights of Way
Topic: Change of usage to right of way
Replies: 55
Views: 2588

Re: Change of usage to right of way

OP has already offered to settle for money
by mr sheen
Tue Oct 09, 2018 9:59 pm
Forum: Rights of Way
Topic: Change of usage to right of way
Replies: 55
Views: 2588

Re: Change of usage to right of way

Please refer to my previous post. It seems that the defence relates to issues that have already been alluded to in this discussion ie that there is no excessive use of the right of way; no additional passing and repassing and it is likely to be pointed out in court that it will be impossible to 'pol...
by mr sheen
Tue Oct 09, 2018 2:11 pm
Forum: Boundaries
Topic: Private access road - resurfacing a section.
Replies: 104
Views: 966

Re: Parking on ROW - Private road

Collect together your evidence and contact your insurance provider with it to see if they will cover you. Evidence required - 1. proof that you own the land on which the car is parked (from the documents here I believe you may have a problem with this but some people here are adamant you own the lan...
by mr sheen
Sun Oct 07, 2018 4:46 pm
Forum: Boundaries
Topic: Private access road - resurfacing a section.
Replies: 104
Views: 966

Re: Parking on ROW - Private road

More banging of head needed...above does not show how it is blindingly obvious that OP can 'prevent' neighbour parking. OP options are...ask nicely, seek injunction, acquiesce or physically prevent parking ( not advisable!) Issues making injunction not a dead .cert...OP would have to prove ownership...
by mr sheen
Sat Oct 06, 2018 10:42 pm
Forum: Boundaries
Topic: Private access road - resurfacing a section.
Replies: 104
Views: 966

Re: Parking on ROW - Private road

[quote=mugwump post_id=209339 time=<a href="tel:1538853186">1538853186</a> user_id=8112] Firstly, they don't have conflicting ownership. they each own strips of land alongside each other. Secondly, and crucially, OP is a landowner of part of the land the neighbour parks on. It is blindingly obvious...
by mr sheen
Thu Oct 04, 2018 7:36 am
Forum: Boundaries
Topic: Private access road - resurfacing a section.
Replies: 104
Views: 966

Re: Parking on ROW - Private road

You have a Right of way over the roadway, that is, you have the right to pass and repass between the main road and your property. As long as you can reasonably pass and repass with reasonable manoeuvring, then the parked car will not be considered to be a substantial interference with your rights. S...
by mr sheen
Wed Oct 03, 2018 7:44 pm
Forum: Trees
Topic: Gigantic bamboo on property boundaries
Replies: 34
Views: 845

Re: Gigantic bamboo on property boundaries

If you don't grow anything near where it will encroach beyond your boundary and annoy your neighbours, you will avoid the actions described.
by mr sheen
Tue Oct 02, 2018 3:44 pm
Forum: Trees
Topic: Gigantic bamboo on property boundaries
Replies: 34
Views: 845

Re: Gigantic bamboo on property boundaries

Everyone has the right to use their land as they wish right up to the boundary, this applies to you and your neighbours. Bamboo is often grown for privacy and to avoid the high hedge legislation since it is actually classified as a grass. You have the right to remove whatever encroaches onto your pr...
by mr sheen
Fri Sep 28, 2018 9:43 pm
Forum: Boundaries
Topic: Private access road - resurfacing a section.
Replies: 104
Views: 966

Re: Private access road - resurfacing a section.

I assume you are making it clear that you will pay 100% for the change of surface and are merely asking for their consent?
by mr sheen
Thu Sep 27, 2018 9:04 pm
Forum: Rights of Way
Topic: New member and this must be a first for this forum
Replies: 222
Views: 7603

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

I do need to clarify one of your points though Mr Sheen which was that fence has been newly erected, it wasn't in place when I purchased this property nearly five years ago. Or do you mean I should just cut and run and give him some cash int he process? Also, what are the point of deeds if not to d...