Search found 2945 matches

by pilman
Thu Apr 18, 2019 8:08 pm
Forum: Rights of Way
Topic: Vehicular ROW dispute - claim of false deeds!
Replies: 60
Views: 2446

Re: Vehicular ROW dispute - claim of false deeds!

You're not working for my neighbour are you ? I've just been told they are liaising with a planning expert. Whether I reach the level of planning expert or not, I am not currently liaising with anyone other than my wife and she definitely does not live in No.4. I can tell you that under planning la...
by pilman
Thu Apr 18, 2019 7:27 pm
Forum: Rights of Way
Topic: New member and this must be a first for this forum
Replies: 308
Views: 15860

Re: New member and this must be a first for this forum

Not being familiar with ROW, titles and plans until recently, this subject has sparked my interest and I follow a lot threads across the forum. Why I'm enquiring about next doors register is three-fold: 1) I can't see they have a ROW over the same private road so would like confirmation if they hav...
by pilman
Wed Apr 17, 2019 11:03 am
Forum: Rights of Way
Topic: New member and this must be a first for this forum
Replies: 308
Views: 15860

Re: New member and this must be a first for this forum

Did you know that Google Earth show all satellite images that are available for a particular area with a feature that allows the earlier years to be viewed on screen. It is also possible to rotate each image to look from all directions at a particular dwelling with a magnified view on screen. Have y...
by pilman
Thu Apr 11, 2019 4:38 pm
Forum: Rights of Way
Topic: Vehicular ROW dispute - claim of false deeds!
Replies: 60
Views: 2446

Re: Vehicular ROW dispute - claim of false deeds!

I have just copied the two plans that were previously posted into a computer program that allows the images to be viewed at a magnified level. By zooming into the area alongside No.4 it is clear that the plan with the brown colouring used when No. 3 was transferred does show the curved area next to ...
by pilman
Thu Apr 11, 2019 1:02 am
Forum: Rights of Way
Topic: Vehicular ROW dispute - claim of false deeds!
Replies: 60
Views: 2446

Re: Vehicular ROW dispute - claim of false deeds!

I didn't know that and shall order copies of the original plans for no.3 & no.4 asap. So did you do that, so that you now have a the original plans attached to each of the TP1 forms used when the developer sold off each plot. If the new dates you are now referring to are correct then you were grant...
by pilman
Sat Apr 06, 2019 2:26 pm
Forum: General Topics
Topic: Dogs and Greenbelt
Replies: 2
Views: 118

Re: Dogs and Greenbelt

Erecting a fence to define the area of land in agricultural use is permitted development under Part 2 Class A of the Town and Country Planning (General Permitted Development) (England) Order 2105. That is a matter of fact that did not need an application for a Certificate of Lawful Use to have been ...
by pilman
Tue Apr 02, 2019 5:01 pm
Forum: General Topics
Topic: Privacy issue- pls advise.
Replies: 7
Views: 303

Re: Privacy issue- pls advise.

Would the cost of erecting a 2 metre high wooden fence along one side of your garden be an unrealistic cost to secure your privacy?

That height of fence does not need planning permission just the costs involved in having to buy and erect it.
by pilman
Wed Mar 27, 2019 4:48 pm
Forum: Rights of Way
Topic: ROW: Variation or beneficial interpretation?
Replies: 22
Views: 1149

Re: ROW: Variation or beneficial interpretation?

After looking at the plan provided with the initial posting, a pragmatist would ask what use is made of the garage and how do you access your own land if a car is driven into the garage. Do you have to walk back up the drive and then along the road to access the house? Knowing the answer to that que...
by pilman
Thu Mar 14, 2019 1:20 pm
Forum: General Topics
Topic: Summer House Confusion
Replies: 10
Views: 345

Re: Summer House Confusion

Having just seen this posting it was great to see the word "Excited" followed by a smiley face because the Poster had received the correct information that established that the out-building is granted planning permission by Part 1 Class E of the Town and Country Planning (General Permitted Developme...
by pilman
Wed Mar 13, 2019 2:30 pm
Forum: Rights of Way
Topic: neighbours want to build on shared drive
Replies: 54
Views: 1868

Re: neighbours want to build on shared drive

The legal authority for what constitutes an easement was set out in the case of Re: Ellenborough Park [1956] Ch. 131 when Lord Evershed the Master of The Rolls, gave judgement after an unanimous decision had been reached by the Appeal Court that heard the appeal. To qualify as an easement: (1) there...
by pilman
Wed Mar 13, 2019 1:15 am
Forum: Rights of Way
Topic: neighbours want to build on shared drive
Replies: 54
Views: 1868

Re: neighbours want to build on shared drive

In reliance on that ROW he built a structure on his land only accessible over the ROW. The structure was a garage that provided a space in which to park a car. In this case each land-owner created parking spaces in their rear garden based on the knowledge that an easement had come into existence. I...
by pilman
Tue Mar 12, 2019 5:22 pm
Forum: Rights of Way
Topic: neighbours want to build on shared drive
Replies: 54
Views: 1868

Re: neighbours want to build on shared drive

I'm not entirely sure that your definition of an equitable easement is comprehensive enough. Certainly an equitable easement is not registered, but that does not serve to define what it is. You need to explain how the easement was created in the first place and I don't think it has been established...
by pilman
Mon Mar 11, 2019 3:29 pm
Forum: General Topics
Topic: charge on land, not registered
Replies: 5
Views: 321

Re: charge on land, not registered

A landowner voluntarily registers land in 2010, providing Land Registry with a chain of conveyances and deeds going back a hundred years. There are no charges on the land registered, no limitations, agreements or restrictions of any kind. Wind forward nine years and an organisation contacts the lan...
by pilman
Mon Mar 11, 2019 2:24 pm
Forum: Rights of Way
Topic: LANDLOCKED HOUSE!!!
Replies: 18
Views: 737

Re: LANDLOCKED HOUSE!!!

How is it possible to have more than one set of deeds for a property? Each time a property was conveyed a new set of deeds was created giving the respective names of the seller and buyer and how much was paid for the property. With unregistered land there may be a large number of those paper deeds ...
by pilman
Mon Mar 11, 2019 2:08 pm
Forum: Rights of Way
Topic: New fence obstructing vehicles
Replies: 26
Views: 750

Re: New fence obstructing vehicles

Based on the satellite image posted there was no fence, so that a prescriptive easement that would have become a legal easement after 20 years use of a route would have meant that large vehicles cut across the unfenced area of land whilst turning to the right. That would now be the legal route of th...