Search found 2181 matches

by mr sheen
Tue Sep 18, 2018 7:36 pm
Forum: General Topics
Topic: Which insurers ... if any?
Replies: 1
Views: 30

Re: Which insurers ... if any?

What details are in your written contract?... I assume you have a written contract if you are considering an insurance claim. The written contract will detail who exactly you have a contract with and what the details of that contract includes. The sum total of the contract will be contained in that ...
by mr sheen
Thu Sep 13, 2018 8:13 am
Forum: Boundaries
Topic: fences/hedge- enforcing a covenant, is it possible here?
Replies: 7
Views: 145

Re: fences/hedge- enforcing a covenant, is it possible here?

You have the right to cut back anything that overgrows into your property. This is common law and nothing to do with the covenants. If you choose to prevent encroachment into your property, then the cost of such action is yours. Covenants seek to keep an estate looking how it was originally planned ...
by mr sheen
Tue Sep 11, 2018 6:35 pm
Forum: Fences
Topic: Advice please
Replies: 8
Views: 319

Re: Advice please

Trying to get my head around removing a lovely 6ft beech hedge and replacing it with concrete at a cost of 4k because you don't like the way the neighbour cut it...cutting off nose to spite face springs to mind. Having done that the neighbour has painted the fence such that you can't even see it. So...
by mr sheen
Tue Sep 11, 2018 9:00 am
Forum: Rights of Way
Topic: Neighbour wants ROW for someone else
Replies: 29
Views: 706

Re: Neighbour wants ROW for someone else

The deed shows clear intention for access to be available.

Minimum this creates is a likelihood of court case since clearly argument for right of way.
by mr sheen
Thu Sep 06, 2018 7:52 am
Forum: General Topics
Topic: Another restrictive covenant query
Replies: 15
Views: 392

Re: Another restrictive covenant query

Since general and widespread breaches of covenants has occurred, then breaches are the norm and one owner can't be singled out for complaint against their breach whilst everyone else enjoys their property as they wish irrespective of the covenants. I'm finding it difficult to picture the 'drive/priv...
by mr sheen
Wed Sep 05, 2018 7:42 pm
Forum: Fences
Topic: Advice please
Replies: 16
Views: 322

Re: Advice please

The reason you should speak to the neighbour is because that is your OnLY way to let him know what you would like, what your concerns are and if an outcome reasonable to both sides can be negotiated. So even if he is likely to be hostile, this is your only option to have any input otherwise he will ...
by mr sheen
Wed Sep 05, 2018 3:47 pm
Forum: Fences
Topic: Advice please
Replies: 16
Views: 322

Re: Advice please

All irrelevant. The owner of the land you now own used the land as he pleased and the neighbour can do the same. If you find how a neighbour uses their land does not fit in with your lifestyle, you have the freedom to move to a property without close neighbours. You cannot dictate what happens on la...
by mr sheen
Wed Sep 05, 2018 8:01 am
Forum: General Topics
Topic: Another restrictive covenant query
Replies: 15
Views: 392

Re: Another restrictive covenant query

The land on which you drive was built was still there before your drive was built and numbers 24 and 26 may have used the land on which your drive stands and had implied rights before your drive was placed on the land. You state that you have no problem with the owners of 26 using the drive as a rig...
by mr sheen
Wed Sep 05, 2018 7:52 am
Forum: Fences
Topic: Advice please
Replies: 16
Views: 322

Re: Advice please

Just as you chose to use your land as you wished and built an extension, your neighbour has the same right to use his land as he wishes.
by mr sheen
Tue Sep 04, 2018 11:37 am
Forum: General Topics
Topic: Another restrictive covenant query
Replies: 15
Views: 392

Re: Another restrictive covenant query

Rights of way are frequently undocumented. The 'suggestion' that the B&B doesn't have a ROW is not enough to prove no ROW without seeing all the deeds, plans, historical documents etc.
by mr sheen
Tue Sep 04, 2018 7:27 am
Forum: General Topics
Topic: Another restrictive covenant query
Replies: 15
Views: 392

Re: Another restrictive covenant query

Please refer to my previous response to this issue since the answer is basically the same. The property has the right of way and anyone going to that property can use the right of way even if that is paying visitors. The only issue is the running of the business and to enforce that you will need to ...
by mr sheen
Fri Aug 31, 2018 3:06 pm
Forum: Rights of Way
Topic: Does my neighbour have a ROW?
Replies: 15
Views: 583

Re: Does my neighbour have a ROW?

Every inch of land benefits from the rights of the property. When part of the property is sold off, every inch of land sold comes with the same rights as the retained land (otherwise it could be claimed that the land sold off had the rights sold with it and left the retained land with no rights). Th...
by mr sheen
Tue Aug 28, 2018 9:03 pm
Forum: Rights of Way
Topic: Does my neighbour have a ROW?
Replies: 15
Views: 583

Re: Does my neighbour have a ROW?

Number 1 owner granted the ROW to number 2 so must have had the right to grant the ROW and hence the rOW. Prescriptive rights of way are not usually mentioned in deeds but still exist. Courts err on the side of the existence of a ROW wherever deeds indicate or suggest existence or if prescriptive RO...
by mr sheen
Sun Aug 26, 2018 4:44 pm
Forum: Trees
Topic: School Boundary Trees
Replies: 56
Views: 4659

Re: School Boundary Trees

The legal position has been clarified for you multiple times. You are refusing to accept the reality of the situation and are now proposing that the planet is turned into a tree-free desert based on unscientific anecdotes rather than evidence and all because a row of trees is annoying a few people. ...
by mr sheen
Fri Aug 24, 2018 4:46 pm
Forum: General Topics
Topic: Rentcharge Title-Bomb - Desperate for advice
Replies: 11
Views: 286

Re: Rentcharge Title-Bomb - Desperate for advice

Not sure about this tithe insurance and you did specify that you only want people who know about this to comment....so apologies if this is unwanted comment.... but I do know about Indemnity insurance for a right of way. The policy required confirmation that it had never been disputed by existing ow...