Search found 821 matches

by stufe35
Mon Feb 18, 2019 9:04 pm
Forum: Rights of Way
Topic: Signage on Easement
Replies: 105
Views: 2801

Re: HELP PLEASE - Right of way issue

Carter v. Cole (2006) - Court of Appeal The Law apart from clause 3.2 of the Transfer Unsurprisingly the law about construction and repair of rights of way granted as easements has been settled for some centuries. The following propositions (all of which, in principle, are subject to any contrary ag...
by stufe35
Mon Feb 18, 2019 8:25 pm
Forum: Rights of Way
Topic: Signage on Easement
Replies: 105
Views: 2801

Re: HELP PLEASE - Right of way issue

I have a proposal for consideration. Get a copy of your easement and a copy of the relevant case law that demonstrates you have the right to repair (it's been posted on here many times in the past) and take it to the police station. Explain your issue which I'm sure they are well aware of by now. Fl...
by stufe35
Wed Jan 23, 2019 7:03 pm
Forum: Boundaries
Topic: Fencing covenant
Replies: 25
Views: 1170

Re: Fencing covenant

It is possible to find an argument for any situation you care to mention on the glorious internet. It's whether what you have found actually applies to the situation and wording you have that is the question. Be careful that you don't absorb every paragraph that you see that supports your argument, ...
by stufe35
Wed Jan 23, 2019 4:43 pm
Forum: Boundaries
Topic: Fencing covenant
Replies: 25
Views: 1170

Re: Fencing covenant

There is another issue you may have, my understanding is that the covenant you have was made between Scholey and Evershed. Neither you nor the woodland trust are these people, so may not have entered into the covenant and cannot seek to enforce it. It depends if it runs with the land or not. see htt...
by stufe35
Sun Jan 20, 2019 11:56 am
Forum: Rights of Way
Topic: gates swing.. out or in
Replies: 14
Views: 630

Re: gates swing.. out or in

If you own the green side why do your deeds give you a right of way over it, it doesn't make sense. Are you sure you own the green side ? If you did you would only need a right of way over the yellow bit.
by stufe35
Sat Jan 19, 2019 6:02 pm
Forum: Rights of Way
Topic: gates swing.. out or in
Replies: 14
Views: 630

Re: gates swing.. out or in

Who owns the green and yellow land ? Where is your entrance ? The dominant owner is the owner of the property that enjoys the benefit of avright of way. The servient owner is the owner of the property that is burdened with a right of way over it. Your deeds seem to give you a right of way over both ...
by stufe35
Mon May 14, 2018 2:47 pm
Forum: Rights of Way
Topic: New member and this must be a first for this forum
Replies: 308
Views: 15860

Re: New member and this must be a first for this forum

Its complicated this stuff, just had a quick ready of Page v convoy and im totally lost. It that devil in the detail thing.
by stufe35
Mon May 14, 2018 12:04 pm
Forum: Rights of Way
Topic: New member and this must be a first for this forum
Replies: 308
Views: 15860

Re: New member and this must be a first for this forum

As said; devil is in the detail on a case by case basis. The fact that in your case access points have been expressly mentioned demonstrates that the intention was that the rest of the boundary feature remains.
by stufe35
Mon May 14, 2018 11:15 am
Forum: Rights of Way
Topic: New member and this must be a first for this forum
Replies: 308
Views: 15860

Re: New member and this must be a first for this forum

Whats on the ground is not relevant in this case because the easement is clear.. Look at the wording and the plan with the yellow shaded area- it extends over the full length of the boundary. If a boundary feature was in existence belonging to the servient owner the clear intention is to allow its r...
by stufe35
Mon May 14, 2018 9:56 am
Forum: Rights of Way
Topic: New member and this must be a first for this forum
Replies: 308
Views: 15860

Re: New member and this must be a first for this forum

Melbatoast, To my understanding you are to some extent correct.....issues with rights of way hinge on the actual wording of the easement and plans attached- small details can totally change an outcome of an otherwise similar case. Where the easement wording/ plans are lacking detail in some way a ju...
by stufe35
Sat May 12, 2018 9:25 pm
Forum: Rights of Way
Topic: New member and this must be a first for this forum
Replies: 308
Views: 15860

Re: New member and this must be a first for this forum

From the information you have given, he is wrong you are right
by stufe35
Fri May 11, 2018 10:44 pm
Forum: Rights of Way
Topic: New member and this must be a first for this forum
Replies: 308
Views: 15860

Re: New member and this must be a first for this forum

Development has occurred as he received my letter today... What does everyone think please? What did your letter say ? From my understanding ukmicky has it right. (he usually does !) Emmet v sissons provides the evidence you need. Your easement appears to be quite clear, the yellow area directly ab...
by stufe35
Fri May 11, 2018 10:39 pm
Forum: Rights of Way
Topic: New member and this must be a first for this forum
Replies: 308
Views: 15860

Re: New member and this must be a first for this forum

How would you advise going about this in the first instance please as it would involve removing a section of the established hedge and removal of the metal gates currently used as fencing? Thanks Have you established who owns these? No reference to actually hedge ownership in the deeds. If you go b...
by stufe35
Thu Mar 15, 2018 10:07 am
Forum: Rights of Way
Topic: Right of Way
Replies: 12
Views: 1397

Re: Right of Way

Assuming Collabrate has it right... You have a right of way over someone elses land. Yes ? In which case you are the 'Dominant owner' and they are the 'Servient owner'. (because their land is burdened with your rights) Now you are aware of these terms you will be able to read much on the internet. (...
by stufe35
Thu Mar 15, 2018 8:27 am
Forum: Rights of Way
Topic: Right of Way
Replies: 12
Views: 1397

Re: Right of Way

Can you explain.....are you 1. The owner of land over which someone else has a right of way.

OR 2. You have a right of way over land which someone else owns.


Does your neighbour who has tried to change the right of way. 1. own the land OR 2. Also have a right of way over the land.