Search found 3624 matches

by pilman
Mon May 13, 2024 5:01 pm
Forum: Rights of Way
Topic: Right of Access
Replies: 58
Views: 1264

Re: Right of Access

It has not been mentioned in any detail what was the legal situation when there were separate tenants occupying each of the properties. There was a great deal of consideration given by the Law Commission as to whether the current legal system in England and Wales should be changed regarding acquisit...
by pilman
Thu May 09, 2024 5:41 pm
Forum: Rights of Way
Topic: Moving a Private Right of Way Terrace House
Replies: 6
Views: 233

Re: Moving a Private Right of Way Terrace House

There would need to be a Deed of Extinguishment for the old route, followed by a Deed of Grant for the new route. The right of way is a legal interest over land that was a burden on the two neighbouring properties, but if you now own all the land subject to the existing right of way you will need to...
by pilman
Wed May 08, 2024 1:45 pm
Forum: Rights of Way
Topic: Right of Access
Replies: 58
Views: 1264

Re: Right of Access

The transferees were actually the directors of the company but as individuals. They then built the (our) house in 1998 and in 2002, they "sold" it back to the company using a TR1. It then remained in the same ownership (in common with No2) until they sold it to us). That quote is the only...
by pilman
Mon May 06, 2024 3:51 pm
Forum: Rights of Way
Topic: Right of Access
Replies: 58
Views: 1264

Re: Right of Access

(there is a TP1 dated 1 July 1997 dealing with this) although the same company still owned both properties until we bought. The TP1 form is used when part of a registered title is transferred, but if there were two houses transferred out of a larger parcel of land then the common owner of both hous...
by pilman
Sat May 04, 2024 1:07 pm
Forum: Rights of Way
Topic: Rights of Way and land ownership
Replies: 8
Views: 232

Re: Rights of Way and land ownership

Would it not be a better approach to offer to dedicate a part of the land you own land as a new public highway, in return for an extinguishment order for the original path with an unknown owner. The Highways Authority ought to see the sense in such an application, since that does not involve loss of...
by pilman
Fri May 03, 2024 12:22 pm
Forum: General Topics
Topic: odd one about land squatting
Replies: 13
Views: 300

Re: odd one about land squatting

We've received legal support now & the fact that she's been using our garden (before we lived here) to go across to this plot means that she cannot claim adverse possession because actually the possession claim (if made) should be made by us as the land owners of the land they were accessing to...
by pilman
Wed May 01, 2024 8:57 pm
Forum: General Topics
Topic: odd one about land squatting
Replies: 13
Views: 300

Re: odd one about land squatting

its broader than that - land being put to use for X (“amenity”, shop, residential, agriculture, “vacant”, etc) can’t be put to a different use without planning permission (it’s called a Change Of Use) The use of land for agricultural purposes is not development,which is why a change of use of any l...
by pilman
Mon Apr 22, 2024 1:24 pm
Forum: Walls
Topic: Shared pathway
Replies: 5
Views: 267

Re: Shared pathway

Do you know if these two houses were council houses that were transferred to each sitting tenant under the Government's Right to Buy scheme that starred with the housing Act 1980? If this was the case then each conveyance would have reserved the rights over the half width of the common path owned by...
by pilman
Fri Apr 12, 2024 8:13 pm
Forum: Boundaries
Topic: Old member and not a first for this forum
Replies: 9
Views: 475

Re: Old member and not a first for this forum

After refreshing my memory about the earlier posting by looking at the title plan posted in that thread, it seems that the photo shows the original road surface as concrete and the area in front of your house also as concrete, with a small patch of grass inside the two lines you have drawn in red an...
by pilman
Mon Apr 08, 2024 3:22 pm
Forum: Rights of Way
Topic: Licence or easement through a neighbours property
Replies: 21
Views: 810

Re: Licence or easement through a neighbours property

The terrace of houses with frontage facing north are a different style to the terrace of houses facing south. That implies that these terraces were erected at different times, which may suggest this was by different developers. Terraced houses built when coal was the normal form of fuel were designe...
by pilman
Tue Mar 26, 2024 6:18 pm
Forum: Rights of Way
Topic: Is injunction the only solution ?
Replies: 87
Views: 4205

Re: Is injunction the only solution ?

Now that builders have appeared on site you need to insist that the insurer instructs a barrister to seek an emergency injunction to prevent any construction work that will interfere with the right of way. It is nonsense for the insurer to say that an injunction can only be applied for once building...
by pilman
Tue Mar 26, 2024 12:37 pm
Forum: Rights of Way
Topic: Rights of way help! Is it for water and drainage only???
Replies: 25
Views: 657

Re: Rights of way help! Is it for water and drainage only???

Our deeds (end terrace) The land is subject to the following rights contained in a Conveyance of the land in this title dated 20 July 1971 made between (1) … and (2) … (Purchaser):- "SUBJECT TO the existing rights of way water supply and drainage (if any) over under and along the pathway on th...
by pilman
Tue Mar 26, 2024 11:46 am
Forum: Rights of Way
Topic: Is injunction the only solution ?
Replies: 87
Views: 4205

Re: Is injunction the only solution ?

Under English law the right of way is a legal interest over your neighbour's land, which is the second property right that you own. A substantial interference with your legal interest is a trespass. In the same way as someone parking a car on any part of your land would be a trespass against your le...
by pilman
Wed Feb 21, 2024 2:18 pm
Forum: General Topics
Topic: Unadopted land
Replies: 14
Views: 741

Re: Unadopted land

One other point to consider is the change of use of the land behind the houses could become a breach of planning control should the Local Planning Authority be made aware of the use that the rear land is put to. Sometimes a complaint made to the LPA about the change of use of the land behind existin...
by pilman
Tue Feb 20, 2024 2:30 pm
Forum: Rights of Way
Topic: Neighbour has right of way
Replies: 38
Views: 1584

Re: Neighbour has right of way

now it’s being used of course it’s winter and getting turned up and muddy,the deed states that we go halves on any maintenance This was the last posting from the Original Poster, so it seems sensible to explain that under the common law that applies in England and Wales there is no legal obligation...