Search found 1810 matches

by Roblewis
Tue Apr 09, 2019 9:54 pm
Forum: General Topics
Topic: Parking and obstructions
Replies: 19
Views: 505

Re: Parking and obstructions

Just to be precise Parking in front of a dropped kerb is an offence "Part 6 of the Traffic Management Act 2004 repeals section 14 and gives all local authorities in England with civil parking enforcement powers the ability to take action when a vehicle is parked alongside a dropped kerb in a Special...
by Roblewis
Sun Mar 31, 2019 9:25 pm
Forum: General Topics
Topic: Culvert Installed by HA
Replies: 5
Views: 177

Re: Culvert Installed by HA

Given that the spoil was for flood defence work then the EA would be the client for these works and the main contractor for the works is ultimately responsible for the actions of the contracted drivers who drive off roads and cause damage. Hence EA would likely require the flood defence contractor t...
by Roblewis
Fri Mar 22, 2019 10:23 am
Forum: Boundaries
Topic: Neighbour damaging my fence
Replies: 7
Views: 526

Re: Neighbour damaging my fence

I would put your insurers on notice now so they can decide the best way forward.
by Roblewis
Sun Mar 17, 2019 7:13 pm
Forum: General Topics
Topic: Bonfires on Allotments Objected to by Adjacent Householder
Replies: 8
Views: 258

Re: Bonfires on Allotments Objected to by Adjacent Householder

Anthracite I know where you are going - For me incineration on open fires has little to recommend it. In other countries we find many community heating schemes where combustible waste is used as furnace fuel for the production of electricity and local heating. In the UK many LAs use whinrow sites to...
by Roblewis
Fri Mar 15, 2019 7:05 pm
Forum: General Topics
Topic: Bonfires on Allotments Objected to by Adjacent Householder
Replies: 8
Views: 258

Re: Bonfires on Allotments Objected to by Adjacent Householder

Personally I think the Allotment Management should be providing on site composting or bulk waste collection so that residents do NOT have to suffer smouldering bonfires throughout the night during the summer. For horticultural and garden wastes a composting solution is far more environmentally frien...
by Roblewis
Fri Feb 22, 2019 7:16 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

Have you checked their deeds for a RoW? A shared drive without a RoW or other easement is unusual to say the least
by Roblewis
Tue Feb 05, 2019 1:55 pm
Forum: General Topics
Topic: Development of a studio built in a garden
Replies: 92
Views: 2789

Re: Development of a studio built in a garden

I think the LA are being nonsensical when they will have a structural Engineer with powers to declare structures unsafe and require work to be done at LA expense and recharge the owners if necessary. I think that together with HSE, who have powers to demand entry and can get police to enforce access...
by Roblewis
Tue Jan 22, 2019 6:10 pm
Forum: Rights of Way
Topic: ROW: Variation or beneficial interpretation?
Replies: 22
Views: 1149

Re: ROW: Variation or beneficial interpretation?

Just to muddy things a little as I seem to think that view splays are often defined by the Highway Authority and can often be found on their land with simply compacted earth surfaces. Previous owners may well have improved the surface aesthetically but it is still part of the highway with no easemen...
by Roblewis
Sun Jan 06, 2019 8:20 pm
Forum: General Topics
Topic: General binding rules: GBR small sewage discharge to a surface water
Replies: 18
Views: 808

Re: General binding rules: GBR small sewage discharge to a surface water

I find that the problem with environmental law is that much of it incorporates strict liabilities on landowners even if they are not the cause of the "pollution".
by Roblewis
Sat Nov 17, 2018 7:14 pm
Forum: Boundaries
Topic: Front boundary moved by 12”
Replies: 12
Views: 1325

Re: Front boundary moved by 12”

At the end of the day LR will NOT make any statement of a boundary precise location unless they have a signed agreement by both landowners or a court judgement re location. The boundary remains as stated on the title deeds for your property and your neighbour has lied to you. Go for a re instatement...
by Roblewis
Wed Nov 07, 2018 12:33 pm
Forum: General Topics
Topic: Let's see if we can propose a better way of dispute proposal
Replies: 44
Views: 2347

Re: Let's see if we can propose a better way of dispute proposal

I thought this had died. Legally binding adjudications have no real teeth and would always have to have an appeal route or claims in equity will climb rapidly. ALL civil suites have the problem of enforcement of judgment as the losers are very adept in hiding their assets. My belief is that the prot...
by Roblewis
Tue Oct 30, 2018 12:07 pm
Forum: General Topics
Topic: Restrictive Covenant
Replies: 19
Views: 1505

Re: Restrictive Covenant

Just refuse the developer any access and keep clear of this mess altogether. You will loose garden and you are facing aggro with the council. Is it worth the money. The council also have the cheek to want this development AND take money from you as a bit of cream on the side.
by Roblewis
Tue Oct 30, 2018 11:45 am
Forum: Boundaries
Topic: Where would you build? Imminent extension vs. unresolved boundary dispute
Replies: 49
Views: 2073

Re: Where would you build? Imminent extension vs. unresolved boundary dispute

I agree with Collaborate that an LBA is going to be the only method of forcing a response, particularly as they have previously agreed the fence is out of alignment. Without detailed evidence an assertion of adverse possession is not necessarily a game clincher and you need all their evidence such t...
by Roblewis
Sat Oct 27, 2018 7:54 pm
Forum: Rights of Way
Topic: Neighbour, council dispute
Replies: 30
Views: 1586

Re: Neighbour, council dispute

Recently I assisted someone who had a legally granted right of way across the neighbour's land, but that burden had not been recorded on the neighbour's land when it had been first registered many years after the house that had the benefit of a legal right of way granted had been registered. Becaus...
by Roblewis
Sat Oct 27, 2018 12:10 pm
Forum: Rights of Way
Topic: Neighbour, council dispute
Replies: 30
Views: 1586

Re: Neighbour, council dispute

I would personally, address the problem straight back to the Council as the freeholder of the flat. Write and expressly ask them to confirm in writing that they do not wish to have any form of RoW over your garden and that the inclusion of such in the neighbours tenancy agreement was an error. They ...