Search found 972 matches

by stufe35
Thu Sep 24, 2020 10:52 am
Forum: General Topics
Topic: Purchasing property with breached restrictive covenant
Replies: 19
Views: 247

Re: Purchasing property with breached restrictive covenant

I know about falling in love with dream properties. First you need to consider this question ...... 1.Can you live with this restricted covenant ? If the answer is no - walk away..it is not your dream property anymore. If the answer is yes answer question 2. 2. Are the wooden buildings part of the d...
by stufe35
Tue Sep 22, 2020 2:01 pm
Forum: Rights of Way
Topic: Mutual rights of way deed
Replies: 12
Views: 206

Re: Mutual rights of way deed

To make life simpler i shall guess the answers to the questions posed and if you could say if ive guessed correctly members of the forum might be able to shed further light on your position. I will give each question a number to make answering even easier. .. 1.Can you still get by the parked cars w...
by stufe35
Tue Sep 22, 2020 12:13 pm
Forum: Rights of Way
Topic: Mutual rights of way deed
Replies: 12
Views: 206

Re: Mutual rights of way deed

Span +1
stufe35 wrote: Tue Sep 22, 2020 8:40 am
Can you still get by the parked cars without straying from the brown area. ?

Is the area blocked to the extent that you have to stop get out of your car and find the neighbour to get their car moved ?

What do you mean by "in a safe way" ?
by stufe35
Tue Sep 22, 2020 8:40 am
Forum: Rights of Way
Topic: Mutual rights of way deed
Replies: 12
Views: 206

Re: Mutual rights of way deed

the issue is the neighbours keep parking on the brown area clearly obstructing our right of way to leave or return onto our driveway in a safe way. Yes Mac has pretty much nailed it. Can you enlarge on your statement above (this will help members of the forum assess and advise you whether a judge m...
by stufe35
Sun Sep 13, 2020 7:08 pm
Forum: Boundaries
Topic: Insurance Cover - Is it best to be the aggressor or the victim??
Replies: 27
Views: 470

Re: Insurance Cover - Is it best to be the aggressor or the victim??

It's not about aggressor and victim it's about who is right. Or perhaps more correctly who has the strongest case. Legal insurance will only cover you if THEY assess your case as having 51% chance of success. Now heres the bit they 'forget to tell you' (though of course it can be found deep in there...
by stufe35
Fri Sep 11, 2020 8:25 pm
Forum: Rights of Way
Topic: ROW - future liability for maintenance where silent on deeds?
Replies: 14
Views: 328

Re: ROW - future liability for maintenance where silent on deeds?

It would be good to get a width defined that all agree to. The fact that the access hasn't been used for so long would suggest there is another access way to the field. Perhaps broach the subject of extinguishing the right of way for a suitable sum. The owner is unlikely to accept an agricultural cl...
by stufe35
Fri Sep 11, 2020 6:28 pm
Forum: Landlord and Tenant
Topic: Right of way across neighbour’s garden
Replies: 50
Views: 442

Re: Right of way across neighbour’s garden

Because once the gate is open the dog has an escape route..the yard is not a secure area ? ie in leaving the dog unattended in the comunal yard they may as well just set it free in any public space....
by stufe35
Fri Sep 11, 2020 4:59 pm
Forum: Rights of Way
Topic: ROW - future liability for maintenance where silent on deeds?
Replies: 14
Views: 328

Re: ROW - future liability for maintenance where silent on deeds?

As a thought , if the fence and gates have only been recently erected you might want to check the owner of the field does not dispute its position. You say the width isn't clearly defined--and plans certainly are not accurate enough to define between a 10ft a 12ft and a 14ft track. But what when the...
by stufe35
Fri Sep 11, 2020 4:37 pm
Forum: Landlord and Tenant
Topic: Right of way across neighbour’s garden
Replies: 50
Views: 442

Re: Right of way across neighbour’s garden

sadly there is no easy resolution for you... My advice...keep your gate shut-its the reasonable thing to do- or you will end up with another gate in front of it. My view is that they are outside the law leaving there dog unattended on land with a right of way through it. My reasoning is/; The law re...
by stufe35
Fri Sep 11, 2020 4:12 pm
Forum: Rights of Way
Topic: ROW - future liability for maintenance where silent on deeds?
Replies: 14
Views: 328

Re: ROW - future liability for maintenance where silent on deeds?

I believe this is the relevant case law that applies where there is nothing in the deeds about maintenance liability. It confirms that you would be in no way liable. Dont know what your solicitors point is. Carter v Cole (2006) In the circumstances you fall back on the common law principles. These w...
by stufe35
Thu Sep 10, 2020 10:42 am
Forum: Landlord and Tenant
Topic: Right of way across neighbour’s garden
Replies: 50
Views: 442

Re: Right of way across neighbour’s garden

Whilst not disagreeing with the last 2 comments that there is no reason for you to not keep your gate shut, my view is that a garden or yard with a right of way through it is not a suitable place to keep an unsupervised dog. The owner is required to keep their dog under control. They appear to be cu...
by stufe35
Fri Aug 28, 2020 10:46 am
Forum: Rights of Way
Topic: Gate created entering private land
Replies: 24
Views: 481

Re: Gate created entering private land

warehouseman wrote: Thu Aug 27, 2020 8:39 pm , the gate does open out onto our land,
He really is taking the micky
by stufe35
Thu Aug 27, 2020 9:11 pm
Forum: Rights of Way
Topic: Gate created entering private land
Replies: 24
Views: 481

Re: Gate created entering private land

I know you probably don't want to create tension with your neighbour but I'd be thinking about gating my bit of land and giving them a key ,until such times as they control the trespassers that they refuse to resist or fence against that are coming from their land onto mine. Sadly fences and gates a...
by stufe35
Thu Aug 27, 2020 1:22 pm
Forum: Rights of Way
Topic: Gate created entering private land
Replies: 24
Views: 481

Re: Gate created entering private land

The antagonistic move was accessing private land without first seeking permission . (Would you dream of putting a gate in your garden fence to access your house via your neighbours garden ?) Make no mistake this person knows what they are up to. I'd advise following the advise already put forward as...