Garden Law Discussion

The statement by the District Judge is to me written as "dicta" that is something which MUST happen and not merely commentary to any form of injunction. Without agreement from yourselves the neighbour has to go to the high court to try and reverse this judgement - there is no need for a further inju...

Just from a plain construction detail air bricks should be set at least one brick above DPC which should in turn be at least one brick above soil and this is clearly not the case. The final setting of the soil levels is totally wrong. Request at least immediate remediation or failing this contact th...

You only become potentially liable if the bumps are excessively high and you have not warned users of their presence. This is what LAs and Shopping Malls often do.

Essentially six years but is best commenced at time of first knowledge

Thought the house was theirs!!! - absolute incompetence. Get compensation based on sentimental value and associated nervous shock at losing your mothers cherished plant. But get them to remove the stump next year as it may re-shoot from the rootstock especially if YOU would really like to keep her m...

The problem always with modern timber posts. Good quality concrete is very similar in price and near indestructible compared to timber posts

Two issues here 1) If there was a fire escape removed then it must be replaced asap and the freeholder is fully responsible for this. The Health and Safety Executive (HSE) are the enforcing authority 2) There is, in most LA leases, a clause requiring residents not to cause a nuisance to others. I su...

I cannot picture this at all - if there is a wall between you and the RoW and you are the servient owner then you can of course remove the fence. You can also reinstate it as a path as it is your land and not part of the neighbours garden. There will of course be pushback though as many believe path...

I suppose you could sue for the damage to the party wall and use that as a bargaining chip - return the 25cm or you will simply amend your drawings to exclude the 25cm and sue for damage to the property.

The Department of Environment are the prime controllers of pesticide use and the legislation applies to commercial AND domestic use. Even the use of salt is illegal as it is not an approved herbicide, and this is exacerbated by its use on somebody else's land. This is a long way from the OP and cutt...

We are becoming involved in a confusion between the Civil remedy for fraud and the criminal. The two are separate and issues about misrepresentation on the SPIF are not an issue necessarily. The Fraud Act is about a persons actions ie using a false plan to attempt to extinguish part of a Row in orde...

Mac

The occupant of No 4 has attempted to increase the value of the property by limiting the RoW and this also could reduce the value of No 3. This could thus be an offence under the Fraud Act 2006 and as amended

In Scarborough you can get Halfway to Paradise

I presume you had a survey undertaken prior to purchase. If this was not mentioned in the report then you may have a case against your surveyor. You are right re owners repair responsibilities as the liability is a strict one whereby the faults existence requires owners action even if he/she was not...

In Central Bedfordshire where I live it is quite common to see kissing gates at each end of a public footpath that passes over land which is directly accessed from the public carriageway which has no footpath alongside it where it runs from the village alongside the fields on each side of the road....