Search found 25 matches

by Snowsquonk
Sat Aug 31, 2019 10:37 am
Forum: Boundaries
Topic: MIL facing threat of legal action
Replies: 56
Views: 6608

Re: MIL facing threat of legal action

Update. My mother in law wanted a quick solution avoiding protracted legal proceedings so the person seeking an easement across the rear access walkway was offered a deal. For a fee which covered her legal expenses and gave her a modest premium the easement was granted and completed this week. The c...
by Snowsquonk
Mon Oct 22, 2018 10:56 pm
Forum: Boundaries
Topic: MIL facing threat of legal action
Replies: 56
Views: 6608

Re: MIL facing threat of legal action

Advice earlier this year was to tell Mr X we could see no legal basis for his claim of a ROW over the walkway. IdeFix..the solicitor suggested applying to the LR because MIL was under the impression she owned the land but it transpired it was unregistered. So it was Mr Xs approach earlier this year ...
by Snowsquonk
Mon Oct 22, 2018 9:33 pm
Forum: Boundaries
Topic: MIL facing threat of legal action
Replies: 56
Views: 6608

Re: MIL facing threat of legal action

For those that are interested in such things - here is part of counsel's advice on this matter, names redacted for confidentiality. Mr X is the owner who is seeking the ROW, Mrs Snowsquonk is my MIL, and Ms A is a helpful neighbour who has provided a lot of historical context and some knowledge base...
by Snowsquonk
Mon Oct 22, 2018 9:19 pm
Forum: Boundaries
Topic: MIL facing threat of legal action
Replies: 56
Views: 6608

Re: MIL facing threat of legal action

I will come back and update I promise. Mr Sheen - I've not seen the paperwork but from what the solicitor said this morning, the land was not registered so because MIL has "enclosed" it (she hasn't - it was already gated when she moved in 12 years ago!) and has had sole use of it for those 12 years ...
by Snowsquonk
Mon Oct 22, 2018 7:50 pm
Forum: Boundaries
Topic: MIL facing threat of legal action
Replies: 56
Views: 6608

Re: MIL facing threat of legal action

We are also wondering why Mr X is so keen - now - to pursue this again. His property is "landlocked" - the only access to the road is out of the front doors of the two flats. MILs solicitor wondered whether there is some new building reg either in place or planned which might mean that a house of mu...
by Snowsquonk
Mon Oct 22, 2018 2:43 pm
Forum: Boundaries
Topic: MIL facing threat of legal action
Replies: 56
Views: 6608

Re: MIL facing threat of legal action

I am sorry for the changes in information - this is an 85 year old lady who lives some distance from us, we have relied on what she has told us. She had not told us that she had applied to have the land registered under her title, we only learned that this morning from her solicitor. Mr X is not cla...
by Snowsquonk
Mon Oct 22, 2018 10:02 am
Forum: Boundaries
Topic: MIL facing threat of legal action
Replies: 56
Views: 6608

Re: MIL facing threat of legal action

Hello Well we have spoken with my MILs solicitor and it turns out that the walkway was registered as part of my MIL's property earlier this year. It's under a separate registration number which is why we couldn't find it when we searched the land registry. So the situation is that MIL owns the walkw...
by Snowsquonk
Sun Oct 21, 2018 12:29 pm
Forum: Boundaries
Topic: MIL facing threat of legal action
Replies: 56
Views: 6608

Re: MIL facing threat of legal action

Apparently the lock on the gate hasn't functioned for some time!

Mr X does not live in his property and has never done so. It's two flats that are let. He lives abroad and a quick Google shows he's a property developer abroad. Perhaps he's like to buy Mils house then he could do as he pleased....
by Snowsquonk
Sun Oct 21, 2018 10:26 am
Forum: Boundaries
Topic: MIL facing threat of legal action
Replies: 56
Views: 6608

Re: MIL facing threat of legal action

Thank you all. Gosh this is all very complicated! I don't know if the wall is subject to any conservation area restrictions. It may be as we are aware that Mr X started creating an access in 1999 and a solicitors letter was involved in getting him to stop. We don't have sight of that letter so I don...
by Snowsquonk
Sat Oct 20, 2018 11:04 pm
Forum: Boundaries
Topic: MIL facing threat of legal action
Replies: 56
Views: 6608

Re: MIL facing threat of legal action

Ok the almshouses are long gone, just Mils remain. History as far as we know is that the wall between her property and Mr X is in fact a 16th C churchyard wall which originally enclosed the churchyard in which the almshouses were built. At a later date Mr Xs property was built, then 5 out of the 6 a...
by Snowsquonk
Sat Oct 20, 2018 8:38 pm
Forum: Boundaries
Topic: MIL facing threat of legal action
Replies: 56
Views: 6608

Re: MIL facing threat of legal action

My MIL thought she owned the walkway. We now know from the title deeds that she does not, and from the title register that she has a ROW across it. We also know my late FIL dealt with all the house purchase and MIL is unfortunately in the dark about many things! Because the previous owner involved t...
by Snowsquonk
Sat Oct 20, 2018 7:59 pm
Forum: Boundaries
Topic: MIL facing threat of legal action
Replies: 56
Views: 6608

Re: MIL facing threat of legal action

Oh sorry
by Snowsquonk
Sat Oct 20, 2018 7:14 pm
Forum: Boundaries
Topic: MIL facing threat of legal action
Replies: 56
Views: 6608

Re: MIL facing threat of legal action

Thank you for your replies. Yes it's the same relative as in earlier post but I don't think we knew as much then as we did now!! It's the walkway which is unregistered. Mils house and courtyard are registered. I need confirmation of this from the solicitor but we think she is seeking to get the walk...
by Snowsquonk
Sat Oct 20, 2018 2:36 pm
Forum: Boundaries
Topic: MIL facing threat of legal action
Replies: 56
Views: 6608

MIL facing threat of legal action

We have an elderly relative who is trying to sell her house - its my mother in law and she does have a solicitor who I'll be speaking to on Monday but in the meantime I'd welcome views here. I'm attaching a diagram which I hope will help. There is access to my MIls courtyard and then the house via a...
by Snowsquonk
Sun Dec 31, 2017 10:18 am
Forum: Boundaries
Topic: MIL facing threat of legal action
Replies: 56
Views: 6608

Re: Neighbour requesting access to garden gate

Relative says she owns the passageway and she is not aware of any existing row on the passageway or her courtyard.

We will need to check her deeds to be absolutely sure but she is usually quite on the ball with things.

Gut instinct is a polite refusal - it would really affect her privacy.