Search found 1825 matches

by Roblewis
Thu Aug 29, 2019 10:51 am
Forum: Boundaries
Topic: Speeding on Right of Way
Replies: 17
Views: 715

Re: Speeding on Right of Way

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.
by Roblewis
Tue Aug 20, 2019 9:46 pm
Forum: Boundaries
Topic: Destruction of boundary marker
Replies: 5
Views: 395

Re: Destruction of boundary marker

Essentially six years but is best commenced at time of first knowledge
by Roblewis
Tue Aug 13, 2019 2:01 pm
Forum: Fences
Topic: Social housing tennant replaced our fence and damaged shrubs and land
Replies: 30
Views: 863

Re: Social housing tennant replaced our fence and damaged shrubs and land

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...
by Roblewis
Sun Aug 04, 2019 10:40 pm
Forum: Fences
Topic: Next door neighbour hangs her washing line on the fence
Replies: 5
Views: 457

Re: Next door neighbour hangs her washing line on the fence

The problem always with modern timber posts. Good quality concrete is very similar in price and near indestructible compared to timber posts
by Roblewis
Thu Jul 18, 2019 11:45 am
Forum: General Topics
Topic: Communal garden rights
Replies: 8
Views: 529

Re: Communal garden rights

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...
by Roblewis
Mon Jul 08, 2019 6:48 pm
Forum: Rights of Way
Topic: rights of way
Replies: 15
Views: 705

Re: rights of way

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...
by Roblewis
Sun Jun 30, 2019 10:50 pm
Forum: Boundaries
Topic: Where would you build? Imminent extension vs. unresolved boundary dispute
Replies: 53
Views: 3180

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

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.
by Roblewis
Fri Jun 07, 2019 7:48 pm
Forum: Hedges
Topic: Neighbour's hedge
Replies: 40
Views: 5214

Re: Neighbour's hedge

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...
by Roblewis
Sun May 12, 2019 11:07 am
Forum: Rights of Way
Topic: Vehicular ROW dispute - claim of false deeds!
Replies: 199
Views: 8113

Re: Vehicular ROW dispute - claim of false deeds!

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...
by Roblewis
Sat May 11, 2019 6:50 pm
Forum: Rights of Way
Topic: Vehicular ROW dispute - claim of false deeds!
Replies: 199
Views: 8113

Re: Vehicular ROW dispute - claim of false deeds!

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
by Roblewis
Sat May 11, 2019 6:47 pm
Forum: Rights of Way
Topic: Vehicular ROW dispute - claim of false deeds!
Replies: 199
Views: 8113

Re: Vehicular ROW dispute - claim of false deeds!

In Scarborough you can get Halfway to Paradise
by Roblewis
Thu May 09, 2019 9:57 pm
Forum: Boundaries
Topic: Party Wall demolished in Listed Building
Replies: 10
Views: 884

Re: Party Wall demolished in Listed Building

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...
by Roblewis
Sun Apr 28, 2019 11:09 am
Forum: Rights of Way
Topic: Gates on footpaths
Replies: 36
Views: 1579

Re: Gates on footpaths

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....
by Roblewis
Sun Apr 28, 2019 11:05 am
Forum: Rights of Way
Topic: Gates on footpaths
Replies: 36
Views: 1579

Re: Gates on footpaths

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
by Roblewis
Sat Apr 27, 2019 8:57 pm
Forum: Rights of Way
Topic: Gates on footpaths
Replies: 36
Views: 1579

Re: Gates on footpaths

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...