Search found 827 matches

by stufe35
Fri Oct 18, 2019 12:35 pm
Forum: Rights of Way
Topic: right of way
Replies: 32
Views: 1783

Re: right of way

Your right of way specifically states it is for use with vehicles , hence your are allowed to create a surface fit for that purpose if one does not already exist. There is some case law dating back years on this. Says something like ...a right of way granted is no use if you will sink up to the naiv...
by stufe35
Fri Oct 18, 2019 12:28 pm
Forum: Rights of Way
Topic: Maintaining an Easement
Replies: 7
Views: 674

Re: Maintaining an Easement

+1.
by stufe35
Mon Oct 07, 2019 8:23 am
Forum: Rights of Way
Topic: Someone put bollards up in the lane behind my house!
Replies: 20
Views: 1911

Re: Someone put bollards up in the lane behind my house!

The person(s) who owns the land either side of the lane ...would be my chief suspects. They are the most likley people to also own the lane and have an interest in preventing its use.
by stufe35
Mon Aug 12, 2019 4:19 pm
Forum: Rights of Way
Topic: Please help - ROW for neighbour
Replies: 21
Views: 730

Re: Please help - ROW for neighbour

"I’m going to speak to them later to politely request they start using their own path for reasons detailed in my first post and hope they will be reasonable" My advise is that this is like a red rag to bull...They have a right of way across your property, it is for use at their descretion it is not ...
by stufe35
Thu May 09, 2019 9:19 am
Forum: Rights of Way
Topic: Our building work, rights of way and neighbours
Replies: 17
Views: 986

Re: Our building work, rights of way and neighbours

They bought next to a house that was in a poor state of repair, The key point is not that they bought a house next door to a house in a poor state of repair. The key point is that you own a proprety burdened with a right of way running through it; that burden is on you not them. The default positio...
by stufe35
Tue May 07, 2019 10:47 pm
Forum: Rights of Way
Topic: Our building work, rights of way and neighbours
Replies: 17
Views: 986

Re: Our building work, rights of way and neighbours

Regarding your right to improve. You need to understand the difference between the case pilman had quoted where a new road was formed as part of the easement, hence no definition of the road type or surface at the time of the grant. Your easement appears to be over a track that was already in existe...
by stufe35
Mon Feb 18, 2019 9:04 pm
Forum: Rights of Way
Topic: Signage on Easement
Replies: 106
Views: 4334

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: 106
Views: 4334

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: 26
Views: 1868

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: 26
Views: 1868

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: 995

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: 995

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: 366
Views: 21901

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: 366
Views: 21901

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: 366
Views: 21901

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...