Search found 14 matches

by Steve Hancox
Fri Mar 09, 2012 2:07 pm
Forum: Rights of Way
Topic: Neighbour keeping large dog in shared alleyway
Replies: 5
Views: 1211

Re: Neighbour keeping large dog in shared alleyway

Hi SarahI I think you need to reach an agreement with your neighbour about the dog, but you need to negotiate from a position of strength; i.e. have some good alternatives to a negotiated agreement and make your neighbour aware of them. For example, you could: complain to the neighbour's landlord; p...
by Steve Hancox
Fri Mar 09, 2012 10:28 am
Forum: Trees
Topic: Subsidence - Need Trees Removed
Replies: 1
Views: 741

Re: Subsidence - Need Trees Removed

Hi Nikki Is my undertanding correct that you think it's better to remove the trees, because you have seen this done elsewhere, but your own engineers are advising you to leave them? If so, it would probably be unwise to go against your own advisers without further investigation. Why not seek a secon...
by Steve Hancox
Thu Feb 16, 2012 2:04 pm
Forum: Rights of Way
Topic: Right Of Way To Rear Drive
Replies: 4
Views: 830

Re: Right Of Way To Rear Drive

Hi EmmCee How much does the disputed part of the right of way impact on the developer's plans? If it makes a significant difference to their ability to develop the land (e.g. by building a block of flats) you may have a long and expensive fight on your hands! On the other hand, it might put you in a...
by Steve Hancox
Thu Feb 09, 2012 4:41 pm
Forum: Boundaries
Topic: Disputed boundary position.
Replies: 12
Views: 1089

Re: Disputed boundary position.

Hi GeoTom Have you written down notes of exactly what happened and who said what etc? Rack your brains at this stage for every detail, and write it down. Try and remember the actual words used, rather than just the gist of what was said. This might prove invaluable later on if there is a dispute. It...
by Steve Hancox
Thu Feb 09, 2012 4:24 pm
Forum: Boundaries
Topic: Fence and Boundary Dispute
Replies: 44
Views: 3575

Re: Fence and Boundary Dispute

Hi Rich I agree that the outcome of a trial on this issue would be very hard to predict unless some really good evidence emerges one way or the other (and even then it's probably a bit of a gamble). The cost of relocating the fence is likely to pale into insignificance compared to the potential lega...
by Steve Hancox
Thu Jan 26, 2012 11:13 pm
Forum: Boundaries
Topic: Annoying Boundary Dispute
Replies: 114
Views: 20626

Re: Annoying Boundary Dispute

Well done Bristolmatt, hope you manage to get agreement on the costs as well. The couple of inches may not mean much in practice but, as you say, may enable the neighbour to save face to some extent - often an important factor. I hope you can end on as reasonable terms as possible - they'll still be...
by Steve Hancox
Sun Jan 22, 2012 10:18 am
Forum: Boundaries
Topic: Annoying Boundary Dispute
Replies: 114
Views: 20626

Re: Annoying Boundary Dispute

I'm sorry I've only just spotted this discussion a couple of days before the court hearing, and it looks as though you may be about to reach agreement. What is being said about the costs? Sadly when a dispute gets to this stage that is often the most difficult issue. Make sure you know what your cos...
by Steve Hancox
Sat Jan 14, 2012 5:08 pm
Forum: Trees
Topic: cant sell house cos of neighbours trees
Replies: 21
Views: 3256

Re: cant sell house cos of neighbours trees

Fair comment, TO. I've had another look at the Delaware Mansions judgement and, as you say, some damage had already occurred. On that basis, the claimants were entitled to claim the cost of carrying out works to stop any further damage occurring. Lord Cooke makes a interesting observation at para. 3...
by Steve Hancox
Fri Jan 13, 2012 11:07 am
Forum: Trees
Topic: cant sell house cos of neighbours trees
Replies: 21
Views: 3256

Re: cant sell house cos of neighbours trees

Sorry, I'd become so bogged down in the discussion of the legal niceties of their potential liability that I'd forgotten your original question which was whether you have any legal recourse if the negotiations with the neighbours fail. The answer is yes. You don't even have to wait until damage has ...
by Steve Hancox
Fri Jan 13, 2012 10:52 am
Forum: Trees
Topic: cant sell house cos of neighbours trees
Replies: 21
Views: 3256

Re: cant sell house cos of neighbours trees

I agree with Sudynim. Meet with the neighbours, show them your valuer's report and talk to them about the risks to both properties in a non-threatening way. Try and see it as a joint problem and hopefully they will join you in trying to find a solution. They might not be aware of the risk to their o...
by Steve Hancox
Thu Jan 12, 2012 10:01 am
Forum: Boundaries
Topic: Help! The JCBs have moved in!!
Replies: 7
Views: 964

Re: Help! The JCBs have moved in!!

Contact the develper immediately and tell them that you believe that you own the relevant piece of land. Show them your conveyancing documents to show them that you're not just messing about. Ask them to give you a written undertaking that they will not proceed with any works on the relevant land un...
by Steve Hancox
Thu Jan 12, 2012 9:42 am
Forum: Hedges
Topic: Hedge help please!
Replies: 10
Views: 2939

Re: Hedge help please!

I thinkTreeman is spot on when he refers to the potential for future problems. It would be much better to talk to the farmer at this stage and try to reach a compromise regarding the trees and the design of your care home etc. Keep it friendly if at all possible!
by Steve Hancox
Wed Jan 11, 2012 11:46 pm
Forum: Boundaries
Topic: Retaining a raise garden with a wooden fence.
Replies: 4
Views: 628

Re: Retaining a raise garden with a wooden fence.

As Mattylad says, they should really have planning permission to raise the height of the soil. They will also be liable for any damage caused if it collapses onto your land. Maybe a chat to your neighbours making these points in a non-threatening way, would help to find a solution - such as agreeing...
by Steve Hancox
Wed Jan 11, 2012 10:18 pm
Forum: Roots
Topic: Damage to Cherry tree roots
Replies: 5
Views: 3614

Re: Damage to Cherry tree roots

Hi Maggipie. The basic law is that the roots of your trees are encroaching on his land and he is entitled to cut them up to the boundary line. It might be worthwhile trying to discuss the issue with your neighbour. Even though, as Treeman says, he does not have to pay for replacement trees, he may n...