Garden Law Discussion

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....

The phrase disabled accessible is widely used to refer to wheelchair access. Ambulant disabled persons are happy to have the same access as other ambulant persons

Round us the local authority has been putting in a lot of new metal "kissing gates" - the kind that have an enclosed swinging gate so users have to pass through one at a time. They are certainly not useable by wheel-chair. They are usually spring-biased so they close on the side that prevents a she...

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...

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...