Search found 1800 matches

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: 1312

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: 15
Views: 825

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: 876

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: 790

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: 790

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 ...
by Roblewis
Mon Oct 22, 2018 6:06 pm
Forum: Boundaries
Topic: MIL facing threat of legal action
Replies: 54
Views: 1656

Re: MIL facing threat of legal action

I would be tempted to reasonably respond to Xs sols stating that the purchase price of the RoW would be closer to 20k+ rather than 1.5k
by Roblewis
Sun Oct 21, 2018 10:14 am
Forum: Hedges
Topic: Neighbour's hedge
Replies: 34
Views: 1886

Re: Neighbour's hedge

It is also a direct breach of the pesticide legislation, you cannot, even as a licensed contractor, apply pesticide to land or plants on that land for which owner approval is not given.
by Roblewis
Tue Oct 09, 2018 2:50 pm
Forum: Hedges
Topic: Neighbour's hedge
Replies: 34
Views: 1886

Re: Neighbour's hedge

I am afraid to say that there is no way you can force a neighbour to cut the hedge on your side of the fence. You are entitled however to cut it right back to your fenceline.
by Roblewis
Wed Oct 03, 2018 3:18 pm
Forum: Trees
Topic: Gigantic bamboo on property boundaries
Replies: 34
Views: 1255

Re: Gigantic bamboo on property boundaries

The police do not enforce any matters concerned with fly tipping - this is environmental legislation enforceable by the LA and the Environment Agency
by Roblewis
Wed Sep 26, 2018 1:09 pm
Forum: Hedges
Topic: It's a fair cop
Replies: 5
Views: 472

Re: It's a fair cop

Sorry but that is the way BBC has determined iplayer will operate.
by Roblewis
Sat Sep 22, 2018 1:42 pm
Forum: Flooding
Topic: Victorian Land Drains
Replies: 46
Views: 1207

Re: Victorian Land Drains

arborlad I am talking in terms of taking the water out of the ground and making use of it in some way. If it is a broken mains or similar supply then indeed the situation is complex. The water companies have powers over any water abstraction but that does not apply to growing plants as long as you d...
by Roblewis
Fri Sep 21, 2018 6:17 pm
Forum: Flooding
Topic: Victorian Land Drains
Replies: 46
Views: 1207

Re: Victorian Land Drains

That's OK but digging a well is abstraction. Many farms have historic rights such as my wife's grandmothers farm in Lincolnshire where the rights went back to early 1600s
by Roblewis
Thu Sep 20, 2018 8:56 pm
Forum: Flooding
Topic: Victorian Land Drains
Replies: 46
Views: 1207

Re: Victorian Land Drains

You still would need an abstraction permit from the relevant water company. However the old deeds may show that a historic one may still exist.
by Roblewis
Sat Sep 15, 2018 12:36 pm
Forum: Flooding
Topic: Victorian Land Drains
Replies: 46
Views: 1207

Re: Victorian Land Drains

Time to look at your deeds and determine precisely what the agreement was when the land drain was installed. If you are fortunate it will state that was for the onward drainage of water and mentions no other materials permitted. You can then repair the drainage on your land leaving the current drain...
by Roblewis
Mon Sep 10, 2018 10:32 pm
Forum: Fences
Topic: Advice please
Replies: 8
Views: 480

Re: Advice please

Ask yourself truly how is this really affecting me and damaging my fence. Court processes are hard and emotionally draining so do you really want that. The paint faces him and yes strictly he should not have done it but is it worth the hassle