Search found 6309 matches

by MacadamB53
Mon Sep 10, 2018 11:03 pm
Forum: Fences
Topic: Advice please
Replies: 8
Views: 319

Re: Advice please

Hi Buzzard1, is the fence damaged in any way? no it is not - so relax. there are tens of thousands, possibly hundreds of thousands of people across E&W that have done similar to what your neighbour has done - and thousands more will do similar in the future. my view is that the overwhelming majority...
by MacadamB53
Mon Sep 10, 2018 9:31 am
Forum: Rights of Way
Topic: Neighbour wants ROW for someone else
Replies: 29
Views: 706

Re: Neighbour wants ROW for someone else

Hi Urbanmum, Our land is clearly marked as it was unregistered when we bought it the date of this transaction will determine whether you neighbour’s claim that his land has acquired a prescriptive easement over your drive has any merit - if you bought +20 years ago then he may have a case, any soone...
by MacadamB53
Thu Sep 06, 2018 5:13 pm
Forum: Rights of Way
Topic: New member and this must be a first for this forum
Replies: 208
Views: 6484

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

Hi melbatoast, some of the known facts: 1. the two properties were part of the same title until July 1998 2. compulsory first registration has been in force in all areas of E&W since 1990 3. the title plan for the OP’s property clearly identifies it as having a shared boundary with the neighbour’s ...
by MacadamB53
Thu Sep 06, 2018 3:44 pm
Forum: Rights of Way
Topic: New member and this must be a first for this forum
Replies: 208
Views: 6484

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

Hi melbatoast, some of the known facts: 1. the two properties were part of the same title until July 1998 2. compulsory first registration has been in force in all areas of E&W since 1990 3. the title plan for the OP’s property clearly identifies it as having a shared boundary with the neighbour’s d...
by MacadamB53
Thu Sep 06, 2018 1:45 pm
Forum: Rights of Way
Topic: New member and this must be a first for this forum
Replies: 208
Views: 6484

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

span wrote:
Thu Sep 06, 2018 12:58 pm
Still waiting for Mac to cite his case law to support his assertion.

Hurry up Mac!
I’d give up waiting cos I ain’t making an assertion that requires case law to back it up.
by MacadamB53
Thu Sep 06, 2018 1:37 pm
Forum: Rights of Way
Topic: New member and this must be a first for this forum
Replies: 208
Views: 6484

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

Okay, so your saying that because the hedge has not been identified in the transfer then it cannot be part of the right of way. not quite... I’m saying that because the transfer identifies the driveway as sharing a boundary with the retained land it follows that any extant boundary feature must hav...
by MacadamB53
Thu Sep 06, 2018 11:59 am
Forum: Rights of Way
Topic: New member and this must be a first for this forum
Replies: 208
Views: 6484

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

Hi IdefixUK, You seem to be of the opinion that a reserved easement carries more weight in law than one which is granted then it’s best I clarify - I don’t hold that opinion. the point I thought I was clearly making was that, for the OP’s case, the fact the easement was reserved by the OP’s predece...
by MacadamB53
Wed Sep 05, 2018 11:49 pm
Forum: Rights of Way
Topic: New member and this must be a first for this forum
Replies: 208
Views: 6484

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

Hi IdefixUK, You seem to be of the opinion that a reserved easement carries more weight in law than one which is granted then it’s best I clarify - I don’t hold that opinion. the point I thought I was clearly making was that, for the OP’s case, the fact the easement was reserved by the OP’s predeces...
by MacadamB53
Wed Sep 05, 2018 11:40 pm
Forum: Fences
Topic: Advice please
Replies: 16
Views: 322

Re: Advice please

Hi IdefixUK,

The ownership is indicated by an inward (towards your land) letter T. To be sure there should also be a reference in the wording of the title to this letter T.

the law has it that any symbols on the plan are meaningless unless referenced in the wording of the deed.

kind regards, Mac
by MacadamB53
Wed Sep 05, 2018 12:32 pm
Forum: Rights of Way
Topic: New member and this must be a first for this forum
Replies: 208
Views: 6484

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

Hi Calvin&Charlie1, you gave him the drive and reserved a RoW over it for your retained land. if it were the other way - he gave you some land and granted you a RoW over his drive - then there’d be scope for any original boundary features (like the old hedge) not being yours to remove at will. kind...
by MacadamB53
Wed Sep 05, 2018 10:59 am
Forum: Rights of Way
Topic: New member and this must be a first for this forum
Replies: 208
Views: 6484

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

Hi Calvin&Charlie1, you gave him the drive and reserved a RoW over it for your retained land. if it were the other way - he gave you some land and granted you a RoW over his drive - then there’d be scope for any original boundary features (like the old hedge) not being yours to remove at will. kind ...
by MacadamB53
Wed Sep 05, 2018 9:24 am
Forum: Hedges
Topic: Neighbour refuses to stop cutting hedge on our property
Replies: 16
Views: 614

Re: Neighbour refuses to stop cutting hedge on our property

One idea I have is that I have a few cup bird feeders dotted about the garden (look a bit like this https://m.greenfingers.com/p19763/colour_cup_bird_feeder.aspx ) they are about 2 feet high and made of metal - if I were to tie them clearly in my side of the hedge (like a foot inside) to establish ...
by MacadamB53
Wed Sep 05, 2018 8:40 am
Forum: Hedges
Topic: Neighbour refuses to stop cutting hedge on our property
Replies: 16
Views: 614

Re: Neighbour refuses to stop cutting hedge on our property

Hi, Which came first and when? I would think most likely the hedge was first, with the boundary in the middle. Your neighbour erected a fence to keep his dog in. I did that forty odd years ago. Half the hedge is yours, subject to the implied abandonment of the other half of the hedge by your neighb...
by MacadamB53
Wed Sep 05, 2018 8:31 am
Forum: Rights of Way
Topic: New member and this must be a first for this forum
Replies: 208
Views: 6484

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

Hi Calvin&Charlie1,

the RoW is consistently referred to as being “granted” - when it actual fact it was “reserved”.

and the difference is significant.

kind regards, Mac
by MacadamB53
Tue Sep 04, 2018 12:24 pm
Forum: General Topics
Topic: How to buy unregistered land
Replies: 26
Views: 1388

Re: How to buy unregistered land

Even if a legal owner wanted you off his land, that would require a court to make a repossession order if you refused to relinquish possession voluntarily. If a trespasser comes onto my land I do not have to prove I own the land before I use reasonable force to remove him. I can evict the squatter ...