Search found 2224 matches

by Sudynim
Sat Jan 23, 2016 9:35 pm
Forum: Fences
Topic: My neighbour taking me to court ( advice pls )
Replies: 280
Views: 37894

Re: My neighbour taking me to court ( advice pls )

And we never heard how the story ended...?
by Sudynim
Sat Jan 23, 2016 8:15 pm
Forum: Rights of Way
Topic: Garden walk through.
Replies: 22
Views: 4462

Re: Garden walk through.

As it statutory this means it is "consent". As I don't 'consent' to 'statutory' NO one can do anything about it. This is "freeman on the land" nonsense, and you shouldn't rely on it. Statute laws enacted by Parliament do not require the individual consent of any person they apply to. Your mistaken ...
by Sudynim
Sun May 03, 2015 7:45 pm
Forum: Boundaries
Topic: Access from rear garden
Replies: 15
Views: 2042

Re: Access from rear garden

I think the letter is a pre-empt attempt to prevent people maybe claiming a right of way derived over time. Paraphrased as " We know you use it but you do not have permission." I suppose if they wished they could take trespass action but it wouls not be cost effectective This. Don't worry about it....
by Sudynim
Sun May 03, 2015 7:42 pm
Forum: Boundaries
Topic: New Neighbours Driveway Dispute
Replies: 62
Views: 6692

Re: New Neighbours Driveway Dispute

Where does the gate lead to? Your garden, their garden, or both?
by Sudynim
Sun May 03, 2015 7:36 pm
Forum: Boundaries
Topic: We own our neighbours garden!?
Replies: 125
Views: 17789

Re: We own our neighbours garden!?

Isn't it better to get things sorted out now? I'm not sure what you think needs to be sorted out. You went to look at the house, with the fences and boundaries as they were. You liked it, you felt the price was fair and you bought it. Now you're trying to claim additional land which you never thoug...
by Sudynim
Sun May 03, 2015 7:24 pm
Forum: Fences
Topic: More fencing disputes!
Replies: 24
Views: 4894

Re: More fencing disputes!

Best to avoid a boundary dispute; why not negotiate? Because negotiation implies that there is some middle ground. In this instance, either the existing boundary was correct, or it wasn't. The OP has a contract with the neighbour that neighbour will put back the fence in the same place. Neighbour i...
by Sudynim
Sun May 03, 2015 7:15 pm
Forum: Fences
Topic: My neighbour taking me to court ( advice pls )
Replies: 280
Views: 37894

Re: My neighbour taking me to court ( advice pls )

Roblewis wrote:Perhaps NTDWM is related to the claimant in some way
I wonder how NTDWM knew the exact sum being claimed - I do not recall Jd007 mentioning it.

Would be good to have a progress report in any event, Jd..... :?:
by Sudynim
Sun Apr 12, 2015 5:40 pm
Forum: Boundaries
Topic: harassment via boundary dispute - laws I could use?
Replies: 8
Views: 1441

Re: harassment via boundary dispute - laws I could use?

No they didn't, you are right - but put us through a great deal of distress as a result. This is a serious trust issue and there must be some legal redress available to us. You could pay a lawyer to explore s3 Protection from Harassment Act 1997, but I think the application would be likely to fail....
by Sudynim
Sun Apr 12, 2015 5:23 pm
Forum: Fences
Topic: fence is GONE
Replies: 4
Views: 1540

Re: fence is GONE

Mac is right.
by Sudynim
Sun Apr 12, 2015 5:21 pm
Forum: Fences
Topic: My neighbour taking me to court ( advice pls )
Replies: 280
Views: 37894

Re: My neighbour taking me to court ( advice pls )

The initial claim is proceeding(not a new claim); the defence was dismissed. Perhaps you are confused, or trying to make some kind of joke? Because otherwise it seems as if you're accusing Jd007 of lying about what took place during the previous case (where he says the claim was dismissed). As othe...
by Sudynim
Wed Apr 01, 2015 10:43 pm
Forum: Fences
Topic: My neighbour taking me to court ( advice pls )
Replies: 280
Views: 37894

Re: My neighbour taking me to court ( advice pls )

Your defence will be the same as before I ask the court to dismiss this claim due to the following 1) The claimant is attempting to enforce the burden of a positive covenant against me a successor in title . The current law is that the burden of a positive covenant cannot be enforced against succes...
by Sudynim
Sat Mar 14, 2015 10:11 pm
Forum: Fences
Topic: Fence used to retain hardcore, soil and concrete patio !
Replies: 19
Views: 5146

Re: Fence used to retain hardcore, soil and concrete patio !

With a witness and camera present, take down that section of fence. Wait for the patio base to slump. Shovel the debris neatly back onto their side of the boundary line.

I think that after that, it's important to be helpful if possible. You're trying to make a point, not an enemy.
by Sudynim
Sat Mar 14, 2015 9:56 pm
Forum: Fences
Topic: My neighbour taking me to court ( advice pls )
Replies: 280
Views: 37894

Re: My neighbour taking me to court ( advice pls )

That's been very helpful, I kept thinking for some annoying reason the claiment with the new "evidence" he has given to me and posted to the court and the fact court ain't written to me they might send me a letter in few weeks saying the claiment has now "won" but that can't be possible becuase the...
by Sudynim
Sat Mar 14, 2015 9:48 pm
Forum: Rights of Way
Topic: Incorrectly Positioned Gate
Replies: 8
Views: 1891

Re: Incorrectly Positioned Gate

I am concerned that the incorrect position of the gate will suggest a different route/width for the right of way and thus propose to erect a fence in front of the gate whilst ensuring the original width of the right of way is kept clear (although it will have the dominant tenant's fence across it!)...
by Sudynim
Sat Mar 14, 2015 9:41 pm
Forum: Rights of Way
Topic: Can the council move my bins?? ROW
Replies: 27
Views: 3895

Re: Can the council move my bins?? ROW

Sorry, but the neighbours should have use of the full width of the row. They may have occasion to use it for something wider than a wheelie bin and they shouldn't have to move bins to do so. Up to a point, yes. I might have a vehicular right of way across a 20m wide concrete yard, but that doesn't ...