Search found 16 matches

by barbara h
Thu Oct 17, 2013 8:56 pm
Forum: Rights of Way
Topic: deed of variation
Replies: 36
Views: 8053

Re: deed of variation

Stalemate with the neighbours. They said no amount of money would make them agree and if they see a spade going into the garden they will go straight to court for an injunction. Plan b - put in a new application to build on columns. This will retain the row as is. Can you just tell me if they can ob...
by barbara h
Wed Aug 14, 2013 4:54 pm
Forum: Rights of Way
Topic: deed of variation
Replies: 36
Views: 8053

Re: deed of variation

Just need a little clarity. The right of way gate is not being moved. It will remain in the place it has always been since the house was divided into 2 houses and the right of way began in the 1980's. I just want to be clear that a deed of variation is required. Would the route be shown on next door...
by barbara h
Thu Aug 08, 2013 8:58 pm
Forum: Rights of Way
Topic: deed of variation
Replies: 36
Views: 8053

Re: deed of variation

Thank you all. I don't know all the detail about the 1 metre thing, but the solicitor looked at the plans and there was discussion about depth and angles, a whoosh moment for me, but it seems that was the magic distance. However, I daren't delve into that until we get the row reroute approved by the...
by barbara h
Sun Aug 04, 2013 11:30 pm
Forum: Rights of Way
Topic: deed of variation
Replies: 36
Views: 8053

Re: deed of variation

Thank you all again for your invaluable advice.

Planning - approved
ROW variation - awaiting response/agreement from neighbours
by barbara h
Sun Aug 04, 2013 11:24 pm
Forum: Rights of Way
Topic: deed of variation
Replies: 36
Views: 8053

Re: deed of variation

The Party Wall act was another mention the neighbour's threw into the equation when they initially objected to the planning. Since then my son in law had the plans revised and came in a bit over a metre from the party wall on the advice of the solicitor. He has been advised that because of that he d...
by barbara h
Sun Aug 04, 2013 6:43 am
Forum: Rights of Way
Topic: deed of variation
Replies: 36
Views: 8053

Re: deed of variation

Just an update in this. The local authority have granted planning permission, next step is a letter from solicitor notifying them of that and formally asking for agreement to re route the ROW. Not overly confident but hoping they may agree now that planning have agreed. Wish them luck! Plan b is to ...
by barbara h
Wed Jul 31, 2013 8:01 pm
Forum: Rights of Way
Topic: deed of variation
Replies: 36
Views: 8053

Re: deed of variation

It appears from what you say that there has been no change in the route of the right of way. Even if there has, the fact that the extension was built more than 20 years ago means that in any event a new right would have been acquired by long user. It seems therefore that there is no leverage availa...
by barbara h
Tue Jul 30, 2013 10:53 pm
Forum: Rights of Way
Topic: deed of variation
Replies: 36
Views: 8053

Re: deed of variation

Taking their bin back for them sure needs to stop Co operation works both ways Yeah, it's just the kind of girl my daughter is! I think she is losing her kind streak with them, she can't see a way forward in a house that won't sell because all feedback said fab, but the bedrooms are too small. 2bed...
by barbara h
Tue Jul 30, 2013 9:53 pm
Forum: Rights of Way
Topic: deed of variation
Replies: 36
Views: 8053

Re: deed of variation

The planners will not be the least bit interested. If d and sil build the extension in accordance with the submitted plans, that will be all that they are interested in. It is just possible, though unlikely, that if the extension was built a court could order it to be demolished, but they are more ...
by barbara h
Tue Jul 30, 2013 5:35 pm
Forum: Rights of Way
Topic: deed of variation
Replies: 36
Views: 8053

Re: deed of variation

no, it seems the colouring on their land is superfluous and has no legal bearing, i was hoping the extension may have blocked the original route onto your land but it appears not. I guess there are 3 things your d & sil can do apart from move (which seems easier said than done): 1. Offer money to t...
by barbara h
Tue Jul 30, 2013 3:56 pm
Forum: Rights of Way
Topic: deed of variation
Replies: 36
Views: 8053

Re: deed of variation

Sorry, I should have said, the gate has always been where it is now. It is just the bit marked beyond it on the neighbours that has me wondering if a DOV should have been done.
by barbara h
Tue Jul 30, 2013 3:55 pm
Forum: Rights of Way
Topic: deed of variation
Replies: 36
Views: 8053

Re: deed of variation

The neighbour's RoW over your d's garden (as coloured on her plan) has a start point on the boundary where it is accessed from the neighbour's land. Has this start point been blocked by the neighbour's extension, meaning they now come into your d's garden from another point on the boundary? No the ...
by barbara h
Tue Jul 30, 2013 12:23 pm
Forum: Rights of Way
Topic: deed of variation
Replies: 36
Views: 8053

Re: deed of variation

Wow, thank you all. The neighbours extension was built in 1991 . my now son in law acquired the house in 1995 - bequeathed to him in a will, although he was only15 when that happened in 1995) The copy of the deeds I have are when the lady who left him the house bought it. These are dated 1986. They ...
by barbara h
Mon Jul 29, 2013 11:28 pm
Forum: Rights of Way
Topic: deed of variation
Replies: 36
Views: 8053

Re: deed of variation

By the way, although it is not relevant, the extension is only a mirror of what they have done to theirs.

Surely there is someone who can make a decision if they are at stalemate?
by barbara h
Mon Jul 29, 2013 11:25 pm
Forum: Rights of Way
Topic: deed of variation
Replies: 36
Views: 8053

Re: deed of variation

Thank you. I guessed it would be but just wanted to check if the neighbours approval was needed if nothing was being changed on their side, including the access gate. I need to find a way around this. With their stance so far on the extension application I can't see them agreeing. My daughter is in ...