Search found 850 matches

by kipper
Mon Sep 09, 2013 1:47 pm
Forum: Hedges
Topic: Advice please on neighbour's hedge
Replies: 13
Views: 4633

Re: Advice please on neighbour's hedge

You are still assuming the fence isn't the OP's. If the fence is the OP's it can't trespass on the OP's land. Therefore how can they claim anything I am assuming nothing, i am merely answering your question. You assume I assume too much. There is a difference between assumptions and examples. That'...
by kipper
Sun Sep 08, 2013 12:36 pm
Forum: Boundaries
Topic: Who owns the hedge?
Replies: 33
Views: 13349

Re: Who owns the hedge?

is it possible the area marked by the green dot used to be a ditch?
by kipper
Sun Sep 08, 2013 12:33 pm
Forum: Trees
Topic: Cut back to much
Replies: 17
Views: 5837

Re: Cut back to much

If the diagram is in gif, jpg, jpeg, png or bmp format then you should be able to upload it to photobucket from the ipad and post the link on here.
by kipper
Sun Sep 08, 2013 12:25 pm
Forum: Hedges
Topic: Advice please on neighbour's hedge
Replies: 13
Views: 4633

Re: Advice please on neighbour's hedge

You are assuming the fence belongs to the OP. If it doesn't............? In this case the fence is being pushed over and is therefore a trespass. The full cost of removal of the trespass could be claimed. They only become liable for any elevated cost of repair that arises after they have been notif...
by kipper
Fri Sep 06, 2013 8:06 pm
Forum: Rights of Way
Topic: Old Right of Access
Replies: 6
Views: 1545

Re: Old Right of Access

I think it is unlikely that a court would order demolition in this case. I would predict a claim of estoppel by the neighbour due to the length of time to objection and possibly also representations made by the previous occupant of your house, e.g. that they agreed the extension could be built due t...
by kipper
Fri Sep 06, 2013 7:52 pm
Forum: Boundaries
Topic: Prescriptive rights of way and alternative access routes
Replies: 24
Views: 6293

Re: Prescriptive rights of way and alternative access routes

So the "shared driveway" is not a driveway but the land in question adjacent to your properties. why did you describe it as shared?
by kipper
Fri Sep 06, 2013 7:38 pm
Forum: Trees
Topic: Cut back to much
Replies: 17
Views: 5837

Re: Cut back to much

Which side of the trunk was the branch on, the neighbours garden side or the footpath side? Still kind of struggling to picture the layout in relation to you, your neighbour, the tree and the footpath. A diagram would help. If the tree is protected either by virtue of tpo or conservation area then t...
by kipper
Fri Sep 06, 2013 7:35 pm
Forum: Hedges
Topic: Advice please on neighbour's hedge
Replies: 13
Views: 4633

Re: Advice please on neighbour's hedge

The OP shouldn't have to repair a fence that is being damaged by a neighbours vegetation. If the neighbour does nothing once notified they become liable for the cost of rectification by the OP. The neighbour can just cut back k the part of the hedge causing the fence to be pushed over and leave the ...
by kipper
Thu Sep 05, 2013 11:58 pm
Forum: General Topics
Topic: Sun Room with Roof Used as a Viewing Deck?
Replies: 11
Views: 1953

Re: Sun Room with Roof Used as a Viewing Deck?

As the previous 2 posts but, if all else fails, can you grow a hedge?
by kipper
Thu Sep 05, 2013 11:48 pm
Forum: Trees
Topic: Cut back to much
Replies: 17
Views: 5837

Re: Cut back to much

I'm not really sure what the question is here. :?
by kipper
Thu Sep 05, 2013 7:03 pm
Forum: Hedges
Topic: Advice please on neighbour's hedge
Replies: 13
Views: 4633

Re: Advice please on neighbour's hedge

This is not merely overhanging vegetation. Have you notified them that it is pushing the fence over? You should do this in writing and state that they are allowing an actionable trespass. if they do not remedy this within 2 weeks you will employ someone to remove the fence, cut back the bushes to th...
by kipper
Tue Sep 03, 2013 11:58 pm
Forum: Rights of Way
Topic: Back again
Replies: 36
Views: 6117

Re: Back again

The only reason I can't provide a copy of the Land registry map is that I haven't yet worked out how to copy it in small enough KB resolution, but I haven't deviated from the original except that I am a naff artist :roll: Upload it to an image hosting site like photobucket or imageshack then paste ...
by kipper
Tue Sep 03, 2013 11:39 pm
Forum: Boundaries
Topic: Prescriptive rights of way and alternative access routes
Replies: 24
Views: 6293

Re: Prescriptive rights of way and alternative access routes

what is the likelihood of you seeing this man crossing this land if he was using it openly and continuously for at least 20 years? Is it in plain view from your house?
by kipper
Tue Sep 03, 2013 7:31 pm
Forum: Boundaries
Topic: Neighbour threatening to steal a third of the garden
Replies: 97
Views: 15104

Re: Neighbour threatening to steal a third of the garden

It will cost £150, I believe. Not many solicitors charge as little as that for even an hour's work so I don't see 'costlier in the short term'. I would recommend that a complete novice use a solicitor to gain an interim injunction where time is of the essence. Of course the cost of the application ...
by kipper
Tue Sep 03, 2013 2:16 pm
Forum: Boundaries
Topic: Neighbour threatening to steal a third of the garden
Replies: 97
Views: 15104

Re: Neighbour threatening to steal a third of the garden

All your sister and her husband have to do is reply formally that they have no intention of selling him any of the land which he acknowledges is within their title and that if he decides to attempt to land grab and build anything on it in their absence they will seek eviction from the land and remov...