Search found 2271 matches

by mr sheen
Tue Jan 15, 2019 8:10 pm
Forum: Boundaries
Topic: Private access road - resurfacing a section.
Replies: 141
Views: 3213

Re: Private access road - resurfacing a section.

Bailii search will show that the whole basis for rights of way relates to the right to pass and repass and the need to prove a 'substantial interference'. The size of vehicle that can pass and repass can be demonstrated via computer simulation given all the dimensions. Alternatively the OP could sho...
by mr sheen
Sat Jan 12, 2019 1:51 pm
Forum: Boundaries
Topic: Private access road - resurfacing a section.
Replies: 141
Views: 3213

Re: Private access road - resurfacing a section.

A right of way is a right to pass and repass and if one can achieve the passing and repassing (ie if there is adequate width to pass and repass) then it is unlikley that one will succeed in court where one has the burden of proving a 'substantial interference' with one's right to pass and repass.
by mr sheen
Sat Jan 12, 2019 12:00 pm
Forum: Rights of Way
Topic: Shared access path
Replies: 2
Views: 155

Re: Shared access path

The right of access to a terraced property eg no.30 is for all invitees to that property and hence if the children from another property are invited to the property no 30 which has a right of access across no. 28, then they can use the access way to no. 30 just like any other invitee. It is the prop...
by mr sheen
Fri Jan 11, 2019 7:18 am
Forum: Boundaries
Topic: Private access road - resurfacing a section.
Replies: 141
Views: 3213

Re: Private access road - resurfacing a section.

Hitting a parked vehicle is automatic liability since the driver of the moving vehicle is in full control of the situation. and the parked vehicle didn't move...so your liability and your insurance company will increase your premiums since only very poor drivers are unable to manoeuvre around statio...
by mr sheen
Thu Jan 10, 2019 3:03 pm
Forum: Boundaries
Topic: Private access road - resurfacing a section.
Replies: 141
Views: 3213

Re: Private access road - resurfacing a section.

Nudged...no....'redesigned' as you said originally...quite possibly!
by mr sheen
Thu Jan 10, 2019 2:34 pm
Forum: Fences
Topic: Fence cut down leading to loss of privacy
Replies: 3
Views: 167

Re: Fence cut down leading to loss of privacy

You describe it as 'HIS' fence....if it is his fence then he can do what he wants to it. Even if there is a covenant, the fence is now as it is; how would you propose to try to get him to restore it to how it was before? The cost of seeking to enforce a covenant is massive, a fence is a few bits of ...
by mr sheen
Thu Jan 10, 2019 2:08 pm
Forum: Boundaries
Topic: Private access road - resurfacing a section.
Replies: 141
Views: 3213

Re: Private access road - resurfacing a section.

'Feelings' are not taken into consideration when you are arrested for criminal damage and have to pay the compensation for vehicle damage. The cases you quote are theoretically representative of the legal position but are irrelevant unless and/or until a case goes to court. This case involves the pa...
by mr sheen
Thu Jan 10, 2019 8:09 am
Forum: Boundaries
Topic: Private access road - resurfacing a section.
Replies: 141
Views: 3213

Re: Private access road - resurfacing a section.

Well let's see what happens! The OP accepts that she does not own the land on which the cars are parked. The solicitor will happily take the OPs cash and write letters claiming a 'substantial interference' and giving a bit of a 'ticking off'. However, unless the respondent just takes the letters at ...
by mr sheen
Wed Jan 09, 2019 8:04 pm
Forum: Boundaries
Topic: Private access road - resurfacing a section.
Replies: 141
Views: 3213

Re: Private access road - resurfacing a section.

A right of way gives you the right to pass and repass and as long as you can physically get to and from your driveway then the extent of your rights are being fulfilled. You will have to prove a 'substantial interference' to your ability to pass and repass and the amount of passing space shown in th...
by mr sheen
Wed Jan 09, 2019 6:21 pm
Forum: Boundaries
Topic: Private access road - resurfacing a section.
Replies: 141
Views: 3213

Re: Private access road - resurfacing a section.

Solicitors letters will be greeted by acceptance and action or elicit a response to the solicitor to cost you more money. Have the insurance company taken this matter in hand? Unless you intend to pursue this all the way to court, a solicitors letter is not the way I would go since for car parking t...
by mr sheen
Wed Jan 09, 2019 3:32 pm
Forum: Boundaries
Topic: Private access road - resurfacing a section.
Replies: 141
Views: 3213

Re: Private access road - resurfacing a section.

Changing your front driveway was a decision you made for your own reasons and benefit. What exactly are you fuming about? The parking of cars opposite now has even less interference with your use of your driveway than it did before hence making things easier for you (but reducing even further any po...
by mr sheen
Thu Jan 03, 2019 5:04 pm
Forum: Hedges
Topic: Planting of conifers alongside boundary hedge behind houses
Replies: 5
Views: 291

Re: Planting of conifers alongside boundary hedge behind houses

He is right, he can do as he wishes with his own land. If the trees are left to grow to a height where they cause a problem, AND if they come under the High Hedge Legislation ,then, if he refuses to top them on asking you, can ask the Council to get involved at your expense but that is well down the...
by mr sheen
Wed Jan 02, 2019 2:24 pm
Forum: Flooding
Topic: old sewer enters my garden and stops abruptly at the kitchen wall
Replies: 12
Views: 451

Re: old sewer enters my garden and stops abruptly at the kitchen wall

A report by an expert drainage surveyor would be a good place to start since the pipe has clearly been in situ for many years and your perception of where it might be from, or going, will not hold any weight with a neighbour if you are seeking 'cooperation' that is likely to cost money.
by mr sheen
Thu Dec 20, 2018 7:38 am
Forum: General Topics
Topic: Playhouse (similar to shed)
Replies: 9
Views: 299

Re: Playhouse (similar to shed)

Your reasons for being 'loathed' to make the minor alterations requested seem to relate to getting one over on the neighbour which is not a reasonable reason. The playhouse is large and the adjustments will make no difference to the amount of playing space, so the easiest and most reasonable outcome...
by mr sheen
Wed Dec 19, 2018 7:45 pm
Forum: General Topics
Topic: Playhouse (similar to shed)
Replies: 9
Views: 299

Re: Playhouse (similar to shed)

Are you asking how you can avoid obeying the rules that everyone else has to abide by, and that have been introduced for the benefit of society? The Council have been helpful and reasonable and the adjustments they have advised are in fact minimal and reasonable. Complying will maintain relations be...