Search found 5552 matches

by Conveyancer
Sun Sep 02, 2018 12:47 pm
Forum: Boundaries
Topic: Boundary Storm brewing help required
Replies: 102
Views: 4116

Re: Boundary Storm brewing help required

I am pleased to confirm that I am indeed still around. As ukmicky suggests, I got to the stage where I was taking on too much. I did try to make a comeback here a year or two ago, but I just could not get the old enthusiasm going again. Having had a good break and noting your comments, I have resolv...
by Conveyancer
Fri Sep 30, 2016 9:34 pm
Forum: Rights of Way
Topic: My property has become LANDLOCKED
Replies: 19
Views: 3193

Re: My property has become LANDLOCKED

"...the original owner has a ransom strip all the way round my property, specifying that my property only has access at a specific part of this ransom strip. This is not right of way over the ransom strip, just a requirement that access to and from the barn must be via this route." I am not sure I f...
by Conveyancer
Fri Jul 22, 2016 9:14 pm
Forum: Boundaries
Topic: Adverse Possession Claim
Replies: 2
Views: 765

Re: Adverse Possession Claim

If your right to be on that land is explained by a legitimate easement - right of way - that usually precludes the possibility of an adverse possession claim. Agreed, though I would say "always" rather than "usually". There is also the point that a narrow strip of land is difficult to possess in an...
by Conveyancer
Fri Jul 22, 2016 9:05 pm
Forum: Boundaries
Topic: Who owns the fence?
Replies: 40
Views: 4157

Re: Who owns the fence?

As has been said, there are two issues. The first is where the boundary is. I fear this is a lost cause for cashlesssociety. If the fence has been where it now is for as long as he suggests, the boundary has now shifted and follows the fence. Looking at title plans is not going to help because the b...
by Conveyancer
Fri Jul 22, 2016 8:42 pm
Forum: General Topics
Topic: converting field to building
Replies: 7
Views: 1076

Re: converting field to building

Whilst the legislation is not crystal clear, it is clear enough.
by Conveyancer
Tue Jul 19, 2016 9:03 am
Forum: General Topics
Topic: converting field to building
Replies: 7
Views: 1076

Re: converting field to building

answer to your second question: 10 years for the change of use to dwellinghouse (from not being a dwellinghouse). As I said in another thread about sheds: The legislation is not crystal clear, but if the relevant wording is considered carefully I think it provides that the ten year rule does not ap...
by Conveyancer
Sat Jul 16, 2016 9:18 am
Forum: Rights of Way
Topic: When is an easement not an easement?
Replies: 5
Views: 1148

Re: When is an easement not an easement?

Glad I said "almost certainly"! There are two standard clauses which may be found in an assurance of land. One is a declaration as to light and air. It would normally be included if selling off part of your land and retaining land which can be developed. The clause prevents the buyer from acquiring ...
by Conveyancer
Fri Jul 15, 2016 10:11 am
Forum: Rights of Way
Topic: When is an easement not an easement?
Replies: 5
Views: 1148

Re: When is an easement not an easement?

according to the earlier Conveyance with a predecessor owner, nothing conveyed confers on the Purchaser or his successors in title any easement, right or privileges whatsoever over or against No. X (the next door neighbour’s property) which might prejudicially affect future rebuilding alteration or...
by Conveyancer
Wed Jul 06, 2016 8:57 am
Forum: Fences
Topic: Fencing question
Replies: 45
Views: 10033

Re: Fencing question

If you give a fencer specific instructions he has to follow them or decline the job. If he fails to follow them he has to make good.

If the instructions are vague I think it has to be implicit that the new fence follows the line of the old fence and that any deviation has to be corrected.
by Conveyancer
Sat Jul 02, 2016 9:43 am
Forum: General Topics
Topic: Leasing Adversely possessed land and taxes
Replies: 22
Views: 2482

Re: Leasing Adversely possessed land and taxes

1. Could the owner of the land evict the tenant? Yes. 2. Could the owner of the land claim the rent from the OP's mother? 3. Could the owner of the land also claim damages and to have their legal costs paid by the OP's mother? The owner can claim mesne profits. Difficult for the mother to argue tha...
by Conveyancer
Fri Jul 01, 2016 9:19 am
Forum: General Topics
Topic: Leasing Adversely possessed land and taxes
Replies: 22
Views: 2482

Re: Leasing Adversely possessed land and taxes

Do you actually have a legal right to lease out land that you do not own. Strange as it may seem, yes. However, if someone goes into adverse possession they immediately have an estate in land and therefore "own" the land. Until the "true" owner's title is extinguished the true owner also has an est...
by Conveyancer
Wed Jun 29, 2016 3:35 pm
Forum: Rights of Way
Topic: a fair proportion of the cost of maintenance
Replies: 6
Views: 1734

Re: a fair proportion of the cost of maintenance

In the deeds it states they need to pay a "a fair proportion of the cost of maintenance" How is this need expressed? There could be any number of ways of deciding what a fair proportion is. Even if the words were more precise and assuming there is an enforceable obligation, that is only the start. ...
by Conveyancer
Wed Jun 29, 2016 9:10 am
Forum: General Topics
Topic: covenants
Replies: 8
Views: 1190

Re: covenants

An important consideration here is, whatever the legal position may be, if you have a plot of land with a covenant against building on it and you build on it without the consent of the person (possibly) entitled to enforce it, you are going to have a problem selling it as no conveyancer is going to ...
by Conveyancer
Wed Jun 29, 2016 8:40 am
Forum: Rights of Way
Topic: Right to block trespassers?
Replies: 68
Views: 10853

Re: Right to block trespassers?

They cannot claim prescriptive rights if theres been a gap of a year and a day in their 20 yr use claim I think that needs clarifying. The gap needs to be an interruption. This has been interpreted to mean interrupted by the owner of the land over which the right is exercised or a third party and n...
by Conveyancer
Sat Jun 25, 2016 3:46 pm
Forum: General Topics
Topic: covenants
Replies: 8
Views: 1190

Re: covenants

mr sheen is right. There are too many questions which need to be asked before an opinion can be offered on a forum. You need to consult a lawyer who understands the law.