Search found 34 matches

by asprint
Sun Feb 10, 2019 11:09 am
Forum: Rights of Way
Topic: Right of Way height restriction
Replies: 10
Views: 714

Re: Right of Way height restriction

A right of way involves the right to pass and repass over and along land owned by another. In order to have full benefit of such a right, the right implies ancillary rights to clear vegetation that interferes with the free passing and repassing and this would include overhanging branches to a reaso...
by asprint
Sat Feb 09, 2019 3:13 pm
Forum: Rights of Way
Topic: Right of Way height restriction
Replies: 10
Views: 714

Re: Right of Way height restriction

arborlad wrote:
Sat Feb 09, 2019 12:38 pm
asprint wrote:
Sat Feb 09, 2019 11:55 am
In 2009..................



Presumably - there is also a pertinent thread - from that time.
There may be but I don't see what relevance it would have on this particular aspect?

All the relevant details, I believe, are in the above posting?
by asprint
Sat Feb 09, 2019 11:55 am
Forum: Rights of Way
Topic: Right of Way height restriction
Replies: 10
Views: 714

Right of Way height restriction

In 2009 after a lengthy legal battle a ROW was reinstated after a new neighbor blocked the original one off. It was a simple 'L' shaped path along the side and top of the neighbour's property following the boundary line to provide rear access to the next door terraced property.The neighbour, Servien...
by asprint
Fri Feb 01, 2019 9:34 am
Forum: Boundaries
Topic: Fence post and panel moved
Replies: 7
Views: 789

Re: Fence post and panel moved

Thanks for the replies, comments and suggestions. I agree that the removal of the tree is the primary importance but would also like to get the fence panel correctly aligned as it simply does not look right to have a straight line of fence panels but with the last one that abuts the property angled ...
by asprint
Thu Jan 31, 2019 4:20 pm
Forum: Boundaries
Topic: Fence post and panel moved
Replies: 7
Views: 789

Fence post and panel moved

A neighbour physically moved a wooden wall fence post some 9" onto my brothers property, screwed to the face of the wall. The new fence panel was then angled from the correctly positioned existing fence post to this newly positioned wooden wall post. This appears to have been done as the old panel h...
by asprint
Sat Aug 26, 2017 11:07 am
Forum: Boundaries
Topic: Trespassing
Replies: 95
Views: 14052

Re: Trespassing

Thanks to all of you who have responded and also for getting the threads merged. It can been seen that this has been a long and drawn out problem with a neighbour who simply did not seem to recognise the responsibilities that went with a ROW and since being forced to complain to him he has over the ...
by asprint
Tue Aug 22, 2017 9:28 am
Forum: Boundaries
Topic: Trespassing
Replies: 95
Views: 14052

Re: Trespassing

I wouldnt agree that there are degrees and degrees of trespass. Trespass is trespass end of. Whether it be "holding a barbecue in a garden" that doesnt belong to them or trespassing by a few feet when reversing the car. Either way it's trespass. Even trespass of a few inches is trespass and it simp...
by asprint
Tue Aug 22, 2017 9:20 am
Forum: Boundaries
Topic: Trespassing
Replies: 95
Views: 14052

Re: Trespassing

If he is trespassing like that on a pretty much daily basis - then I wonder if what he is up to is trying to gain "prescriptive rights" to drive on your land whenever he wants. In your position then I think you really should put up a physical obstacle that will stop him and so I'm back to suggestin...
by asprint
Tue Aug 22, 2017 9:13 am
Forum: Boundaries
Topic: Trespassing
Replies: 95
Views: 14052

Re: Trespassing

Firstly, sympathies. Asprint, can you not go back to your solicitor who handled the original injunction and ask if it still stands? Clearly it is being breached. The trouble with so many of these sort of disputes is that once there is a dispute and bad feeling, the opposing neighbour will be bloody...
by asprint
Sun Aug 20, 2017 9:07 am
Forum: Boundaries
Topic: Trespassing
Replies: 95
Views: 14052

Re: Trespassing

Hi asprint, in your previous threads you gave plenty of detail about what he was up to - e.g. walking onto your property to cut his hedge or having vehicles park on the ROW. however, in this thread you've been vague. is the latest trespass of a different degree to previous? Kind regards, Mac Thanks...
by asprint
Sun Aug 20, 2017 8:59 am
Forum: Boundaries
Topic: Trespassing
Replies: 95
Views: 14052

Re: Trespassing

I do not know the answer to your question asprint. I have no legal qualifications but I do sympathise with your experience. I would have thought, at the very least, that having given a written undertaking it would most certainly help your case. If you can gather the evidence that he is trespassing ...
by asprint
Sun Aug 20, 2017 8:46 am
Forum: Boundaries
Topic: Trespassing
Replies: 95
Views: 14052

Re: Trespassing

Asprint - you have three or four threads all about the same issue, you're not helping yourself to get the best advice and causing confusion for others................ http://www.gardenlaw.co.uk/phpBB2/viewtopic.php?f=8&t=11742 http://www.gardenlaw.co.uk/phpBB2/viewtopic.php?f=8&t=19529 http://www.g...
by asprint
Tue Aug 15, 2017 6:33 pm
Forum: Boundaries
Topic: Trespassing
Replies: 95
Views: 14052

Re: Trespassing

Thank you for your replies. As I indicated in the original post about 2 years the neighbour gave a written undertaken, via his solicitor, to cease trespassing onto my property and also to cease any unnecessarily blocking of the ROW. However, since the end of May this year he has started to trespass ...
by asprint
Sat Aug 12, 2017 1:55 pm
Forum: Boundaries
Topic: Trespassing
Replies: 95
Views: 14052

Trespassing

The access to my property is via a ROW which passes over an access road, owned by the two neighboring properties. My deeds give me the right to pass and repass etc. However, no such right is give, nor needed, over any part of my property. Ever since I moved in in 1999 I have had problems with my imm...
by asprint
Sun Jul 05, 2015 10:27 am
Forum: Boundaries
Topic: Trespassing
Replies: 95
Views: 14052

Re: Using CCTV to stop trespass

Thanks for all of the replies and advice. I did speak directly to the ICO about the current use of domestic cctv's and they confirmed that any cctv images that are recorded beyond your own boundary, which I imaging will impact most domestic use, have to be registered as they are now in breach of the...