Search found 2919 matches

by pilman
Mon Nov 05, 2018 5:55 pm
Forum: Rights of Way
Topic: Help with understanding deed language
Replies: 2
Views: 247

Re: Help with understanding deed language

It certainly does seem quite clear that the owner of 41 can use all of the land edged brown identified with the numbers 1 and 2 to access their land. What is not clear is how does 41 get across the area which has no number on it that seems to be between the areas numbered as 1 and 2. I suppose that ...
by pilman
Mon Nov 05, 2018 5:30 pm
Forum: General Topics
Topic: Restrictive Covenant
Replies: 15
Views: 831

Re: Restrictive Covenant

Note this is through the realignment of an existing roadway by about 2m. What if you were to grant a right of way over the area of land in your possession for the benefit of the land to be developed. Can that part of the road constructed over your land provide access to a new garage located on a pa...
by pilman
Sat Oct 27, 2018 12:47 pm
Forum: Rights of Way
Topic: Neighbour, council dispute
Replies: 30
Views: 838

Re: Neighbour, council dispute

The tenant of the neighbouring cannot claim a right of way over the house, nor can the freeholder. That is because the registered titles of the respective freehold properties did not include a burden on one and the appropriate benefit on the other. When the registered property was transferred to ab1...
by pilman
Sat Oct 27, 2018 12:20 pm
Forum: Boundaries
Topic: MIL facing threat of legal action
Replies: 54
Views: 1726

Re: MIL facing threat of legal action

it's under a separate title number so we've not been able to download it from the Land Registry and see what it actually states but I would imagine it's possessory. The web-site for Land Registry will allow you to download a copy of the register and title plan for £6 should that be a requirement. U...
by pilman
Thu Oct 11, 2018 11:51 am
Forum: General Topics
Topic: New development
Replies: 14
Views: 398

Re: New development

The planning application that will have been posted on the Council's Planning web-site will have an Ownership Certificate included on the application form. When the Applicant does not own all the land included in the application then notice has to be served on all the land-owners other than the Appl...
by pilman
Wed Sep 12, 2018 5:18 pm
Forum: Rights of Way
Topic: Neighbour wants ROW for someone else
Replies: 29
Views: 1261

Re: Neighbour wants ROW for someone else

The deed was dated 1991 which was when Land Registration Act 1925 applied. One question to be answered would be was either of the properties registered at that time? Urbanmum tells us that hers was first registered in 2001 when she bought it. The current neighbour bought his land after that. Was it ...
by pilman
Sat Aug 25, 2018 12:46 am
Forum: General Topics
Topic: How to buy unregistered land
Replies: 28
Views: 1751

Re: How to buy unregistered land

Does he need to prove he owns the land in order for me to have to take it down? Short answer "yes" Before spending money on legal advice, you need to be provided with a copy of the deed that has on it the name of the person claiming ownership. Land that was conveyed prior to when compulsory land reg...
by pilman
Wed Aug 22, 2018 5:53 pm
Forum: General Topics
Topic: Forum Update
Replies: 27
Views: 1782

Re: Forum Update

Sorry to hear this arborlad. Is anyone else having problems with email notifications? Not had one for months, so I now look at the "Notifications" tab on the top right side of the screen. The e-mails were more useful because it reminded me to log into garden law, so if that system can be reinstated...
by pilman
Sun Aug 19, 2018 1:12 pm
Forum: General Topics
Topic: Agricultural Occupancy Condition (AOC)
Replies: 12
Views: 584

Re: Agricultural Occupancy Condition (AOC)

Sorry to say that this last post is an incorrect interpretation of the situation confirmed in sections 171A, 171B and 191 of the Town and Country Planning Act 1990. A breach of condition cannot be enforced against after 10 years of such a breach being proven. That is when the "new" use as a private ...
by pilman
Sat Aug 18, 2018 6:09 pm
Forum: General Topics
Topic: Agricultural Occupancy Condition (AOC)
Replies: 12
Views: 584

Re: Agricultural Occupancy Condition (AOC)

If someone living in a property that has a AOC on it, and does not fulfill the requirement that they are solely employed in agriculture, after 10 years it is possible to obtain a Lawful Development Certificate based on evidence that there has been a breach of planning control. I assisted someone a f...
by pilman
Sat Aug 18, 2018 5:43 pm
Forum: Rights of Way
Topic: Change of usage to right of way
Replies: 57
Views: 3274

Re: All Change in the court of appeal

The area coloured yellow on the conveyance plan included the entirety of the driveway shown on the plan as the Yellow land including the area marked "Garage" to which I shall refer in that way. That is from the Court of Appeal judgement in Gore v. Naheed so in that case the garage had been built on...
by pilman
Sat Aug 18, 2018 4:34 pm
Forum: Rights of Way
Topic: Wording in Title Register
Replies: 59
Views: 1727

Re: Wording in Title Register

The easement is in Property 2s Title Registry. There is no mention of it in Property 1s. The Vendor named on the 1955 deed was retaining land that was located adjacent to the land being conveyed. That retained land now has the benefit of the reserved rights of way over "such portions of the roads l...
by pilman
Wed Aug 15, 2018 5:28 pm
Forum: General Topics
Topic: Extending a garage in a terraced block
Replies: 11
Views: 520

Re: Extending a garage in a terraced block

Planning applications are decided on whether the application complies with policies adopted by the local planning authority, which can be found on each council's web-site under the term Local Plan or Local Development Framework. The adverse effect on the amenity of neighbours is one such criteria, a...
by pilman
Tue Aug 14, 2018 12:37 am
Forum: General Topics
Topic: 28 day per year permitted development
Replies: 4
Views: 285

Re: 28 day per year permitted development

The rights referred to are set out in Schedule 2 Part 4 Class B of the Town and Country Planning (General Permitted Development) (England) Order 2015. Class B – temporary use of land Permitted development B. The use of any land for any purpose for not more than 28 days in total in any calendar year,...
by pilman
Tue Aug 14, 2018 12:19 am
Forum: General Topics
Topic: Extending a garage in a terraced block
Replies: 11
Views: 520

Re: Extending a garage in a terraced block

The full transcript of Class E is shown below and it does seem that because the front of the house, which is its principal elevation, faces towards the side of the existing garage that was granted planning permission at the same time as the rest of the development, there is no permitted development ...