Search found 3036 matches

by pilman
Sat Apr 04, 2020 6:31 pm
Forum: General Topics
Topic: Trespassing pipe and other problems
Replies: 29
Views: 913

Re: Trespassing pipe and other problems

Hopefully the original poster is more aware now of how a defence against a Possession Claim will have to be dealt with so that when dealing with the appointed legal professional there is some knowledge of the points of law that exist now that the Land Registration Act 2002 has repealed the 1925 Land...
by pilman
Fri Apr 03, 2020 6:02 pm
Forum: General Topics
Topic: Trespassing pipe and other problems
Replies: 29
Views: 913

Re: Trespassing pipe and other problems

It will be essential that the OP receives the correct advice from his legal representatives since it is clear that there are opinions being expressed by the enthusiastic amateurs on Garden Law who have differing opinions about whether this is a matter to be decided under Land Registration Act 1925 o...
by pilman
Thu Apr 02, 2020 1:22 pm
Forum: General Topics
Topic: Trespassing pipe and other problems
Replies: 29
Views: 913

Re: Trespassing pipe and other problems

Have you logged a claim under LRA 2002 or is it an application for first registration FR1 The initial posting referred to the fact that a Possession Claim has been made by the owner of the lane who acquired legal title about 20 years ago when the whole farm was acquired. Compulsory land registratio...
by pilman
Tue Mar 31, 2020 2:29 pm
Forum: General Topics
Topic: Trespassing pipe and other problems
Replies: 29
Views: 913

Re: Trespassing pipe and other problems

The reason why I tried to explain how a court will deal with a Possession Claim when a defence is made, was due to the current situation where I have been assisting someone who made the possession claim. Your claim as stated above "We maintained the lane, used it in full view of others, kept it secu...
by pilman
Sun Mar 29, 2020 6:27 pm
Forum: General Topics
Topic: Trespassing pipe and other problems
Replies: 29
Views: 913

Re: Trespassing pipe and other problems

Providing the court with the evidence of a prior claim should be enough for them to suspend any proceeding for repossession until the land registry have dealt firstly with the AP claim . That seems to be the wrong way around, since the Land Registry cannot verify the claim if the current land-owner...
by pilman
Sun Mar 29, 2020 5:26 pm
Forum: Rights of Way
Topic: Prescriptive right of way..
Replies: 9
Views: 345

Re: Prescriptive right of way..

Now that you have to prepare a defence it will be necessary to disprove a claim that for a period of over 20 years such use was without permission of the previous owners of the house you now own, was a use created without force, such as removing an existing fence to provide access to next door's gar...
by pilman
Mon Mar 23, 2020 3:52 pm
Forum: Rights of Way
Topic: Right of way
Replies: 19
Views: 556

Re: Right of way

The image of the right of way showed the letters A B C with an E or an F on the corner opposite point A.

How were these letters referred to in the conveyance deed?
If they are the walls that were conveyed with the land then that will have an important part to play on how the right of way can be used.
by pilman
Sat Mar 21, 2020 1:20 pm
Forum: Rights of Way
Topic: Right of way
Replies: 19
Views: 556

Re: Right of way

Hi, farmer sold all the property 40 plus years ago Retained ownership of the track as he has a field at the end of it If that is why the right of way was granted, then the wording used seem to indicate that all use of the "access road coloured brown on the said plan between the points marked A and ...
by pilman
Wed Mar 18, 2020 12:34 pm
Forum: Rights of Way
Topic: service road issues
Replies: 8
Views: 387

Re: service road issues

And (so far as the Vendor can grant the same) TOGETHER with a right in common with the Vendor and all others entitled to the like right to go pass and repass along the strip of land or passageway four feet wide at the rear of the said property and the continuation of the said way to Brockenhurst Ga...
by pilman
Sat Mar 14, 2020 11:43 am
Forum: Rights of Way
Topic: Neighbour widened access point
Replies: 19
Views: 534

Re: Neighbour widened access point

Hi Mac, Sometimes some of the comments you post seem to indicate that you have a unique viewpoint that might confuse the person who has posted on this web-site. The right the neighbours have is a prescriptive right can we see the wording please? how long ago was this acquired? The first suggestion t...
by pilman
Fri Mar 13, 2020 7:02 pm
Forum: Rights of Way
Topic: Neighbour widened access point
Replies: 19
Views: 534

Re: Neighbour widened access point

When looking at the map it was unclear whether the route to the pink gates was from the south or from the north, although you used the phrase "top end of the plot" that implies that access is over the southern part of the track, so a vehicle would turn off the track sooner by entering through the pu...
by pilman
Sat Feb 29, 2020 1:00 pm
Forum: Rights of Way
Topic: Is this an abuse of a ROW?
Replies: 62
Views: 1577

Re: Is this an abuse of a ROW?

In respect of the building that may have been converted into a separate dwelling more than 20 years ago, then there is a "possible claim" that a prescriptive easement was being created as soon as this separate dwelling was accessed using the granted right of way that was for a single dwelling only. ...
by pilman
Sat Feb 29, 2020 12:25 pm
Forum: Hedges
Topic: hedges on “local open space”
Replies: 23
Views: 702

Re: hedges on “local open space”

No it’s now very grey and grey is not good if you want to rely on a presumption. The problem you now have ,is because the old maps show doubt this land was originally part of your title before it become a street , you can’t now simply rely on the presumption and will need to provide real tangible e...
by pilman
Wed Feb 26, 2020 12:49 pm
Forum: Hedges
Topic: hedges on “local open space”
Replies: 23
Views: 702

Re: hedges on “local open space”

In the light of two previous postings, perhaps someone can explain the full circumstances when planning law can override land law regarding how someone uses land they own. A developer can make a planning application about land that is not owned, as long as the owner is notified of the application. E...
by pilman
Tue Feb 25, 2020 2:04 pm
Forum: Rights of Way
Topic: Elderly neighbor has tripped on a path i own but they have a row- terraced housing
Replies: 54
Views: 1821

Re: Elderly neighbor has tripped on a path i own but they have a row- terraced housing

One matter that has not been settled in this posting is who is the owner of the next door property? It is clear that the house lived in by Matt3650 was acquired from the council due to the wording used in the deed of transfer. That there is now a Housing Association involved may imply that the counc...