Search found 17 matches

by wishfulthinking
Fri Aug 31, 2012 12:03 pm
Forum: Rights of Way
Topic: advice needed... prescriptive rights??
Replies: 21
Views: 3378

Re: advice needed... prescriptive rights??

I have an assured tenancy and included in my agreement includes the garden, I've just pulled it out!
by wishfulthinking
Fri Aug 31, 2012 11:24 am
Forum: Rights of Way
Topic: advice needed... prescriptive rights??
Replies: 21
Views: 3378

Re: advice needed... prescriptive rights??

I have already downloaded the deeds and title plan which this manager laughed off, apparently their deeds won't be on the land of registry, but I have manged to! The garden was part of the viewing and when it was advertised to rent included the exclusive use of the garden. There are other neighbours...
by wishfulthinking
Fri Aug 31, 2012 9:51 am
Forum: Rights of Way
Topic: advice needed... prescriptive rights??
Replies: 21
Views: 3378

Re: advice needed... prescriptive rights??

Two managers came to my home, they shoved an example of a title plan in front of me ( not the one to this house) and told me they are putting a concrete path through my garden. They said its a right of way, apparently on the deeds, but are not under any obligation to show me or prove this 'right' Th...
by wishfulthinking
Wed Aug 29, 2012 4:40 pm
Forum: Rights of Way
Topic: advice needed... prescriptive rights??
Replies: 21
Views: 3378

Re: advice needed... prescriptive rights??

Yes! My neighbours also rent from the HA
by wishfulthinking
Wed Aug 29, 2012 3:37 pm
Forum: Rights of Way
Topic: advice needed... prescriptive rights??
Replies: 21
Views: 3378

Re: advice needed... prescriptive rights??

Ive downloaded the title plan and register, there is a lot of words mainly to do with the housing act and any future sales. One thing sticks out, it says "the land has the benefit of such rights and easements and such rights of way over joint access ways , footpaths and garage forecourts" If this is...
by wishfulthinking
Wed Aug 29, 2012 11:41 am
Forum: Rights of Way
Topic: advice needed... prescriptive rights??
Replies: 21
Views: 3378

Re: advice needed... prescriptive rights??

Is it true that any right of way not registered by 1st December 2012 will be extinguished?
by wishfulthinking
Wed Aug 29, 2012 11:39 am
Forum: Rights of Way
Topic: advice needed... prescriptive rights??
Replies: 21
Views: 3378

Re: advice needed... prescriptive rights??

Thank you pilman I did what you suggested, I have a written reply from the land registry stating that they are under no obligation to serve notice on the occupiers of the property where they are not the legal owners. Any application to note the burden of a prescriptive easement would serve notice to...
by wishfulthinking
Thu Aug 16, 2012 9:21 am
Forum: Landlord and Tenant
Topic: need advice on taking action on my landlord
Replies: 20
Views: 10681

Re: need advice on taking action on my landlord

Thankyou,
Thankyou for understanding the upset this has caused.
I will do just that!
by wishfulthinking
Wed Aug 15, 2012 10:11 pm
Forum: Rights of Way
Topic: advice needed... prescriptive rights??
Replies: 21
Views: 3378

Re: advice needed... prescriptive rights??

that is what i am worried about, them putting in for a prescriptive right and the HA not bothering to contest it. i also feel that the HA will do anything to avoid legal action and succumb to their demands without fully investigating anyone's rights. hence why i've come back here for advice. we live...
by wishfulthinking
Wed Aug 15, 2012 8:51 pm
Forum: Landlord and Tenant
Topic: need advice on taking action on my landlord
Replies: 20
Views: 10681

Re: need advice on taking action on my landlord

Ok thanks for that. I feel that I'm on my own on this, I can't get hold of a solicitor and c.a.b have Been useless : ( What happens if in another 8 months they decide that they have a right to use another part of my garden! They've been nothing but spiteful since the row was defined by our landlord,...
by wishfulthinking
Wed Aug 15, 2012 8:32 pm
Forum: Rights of Way
Topic: advice needed... prescriptive rights??
Replies: 21
Views: 3378

Re: advice needed... prescriptive rights??

Thanks for the link, Am I jumping ahead of myself when I ask if I'm right in interpreting that you lose a prescriptive right of way if it's not used within a year? They have written statements from the previous tenant supporting the use of the grass, I guess this shows permission, if they had permis...
by wishfulthinking
Wed Aug 15, 2012 5:45 pm
Forum: Rights of Way
Topic: advice needed... prescriptive rights??
Replies: 21
Views: 3378

advice needed... prescriptive rights??

hi all i wrote on here a few months back in regards to our new home and neighbors. there was much confusion with a right of way in place, with nothing on the deeds to say anything specific and nothing registered with land of registry it was down to our landlord to let us know where we stand and who ...
by wishfulthinking
Fri May 04, 2012 11:52 pm
Forum: Landlord and Tenant
Topic: need advice on taking action on my landlord
Replies: 20
Views: 10681

Re: need advice on taking action on my landlord

I'm married, we both work. Bog standard tenancy agreement, nothing mentions a r.o.w Not been too great getting told one thing then receiving a letter claiming another! The thing is they been here a long time and seem good neighbours but long term if we stay here we might end up with who knows walkin...
by wishfulthinking
Fri May 04, 2012 9:46 pm
Forum: Landlord and Tenant
Topic: need advice on taking action on my landlord
Replies: 20
Views: 10681

Re: need advice on taking action on my landlord

My landlord has put in writing that they are to continue using my rear as a r.o.w This is without my 'permission' or without my knowledge, but rightly or wrongly, I do have issues with that. We are new tenants after all.... I don't know how I can proceed with this in regards to the HA And I'm being ...
by wishfulthinking
Fri May 04, 2012 6:24 pm
Forum: Landlord and Tenant
Topic: need advice on taking action on my landlord
Replies: 20
Views: 10681

Re: need advice on taking action on my landlord

Thank you all for your replys. It seems there is no r.o.w on deeds or registered with the land of registry. the neighbours have always used the garden via permission from the previous tenant. The housing trust obviously was unaware of this until i moved in and raised the issue. They (neighbours) hav...