Search found 163 matches

by ParallelLines
Sun Jun 23, 2019 11:11 am
Forum: General Topics
Topic: Adverse Possession on Private Road Frontage
Replies: 1
Views: 186

Adverse Possession on Private Road Frontage

Hi guys, I did mention this topic in a thread I started last year but there are new facts now so I hope you will forgive me starting anew. I live on a private road where there is about a five metre frontage to the road on one side, with a smaller frontage on the other. On the bigger side planning ap...
by ParallelLines
Thu Dec 13, 2018 5:08 pm
Forum: Boundaries
Topic: Developer attempting to convert verge to parking space
Replies: 6
Views: 754

Re: Developer attempting to convert verge to parking space

Well there has been a development in that the plans have been amended and they have opted to have parking within their front boundary.

The adverse possession claim has not been decided by HMLR yet though. I have now heard evidence was submitted to say people crossed the verge.
by ParallelLines
Sat Dec 08, 2018 9:29 am
Forum: Boundaries
Topic: Developer attempting to convert verge to parking space
Replies: 6
Views: 754

Re: Developer attempting to convert verge to parking space

Thanks. Is it posible to check the outcome of these adverse possession cases on the LR site? From what I read they mentioned two months as being the timeframe. The Council have not published the Officer report in their public record so I am unable to verify the linkage between the parking spots and ...
by ParallelLines
Thu Dec 06, 2018 9:44 pm
Forum: Boundaries
Topic: Boundary fence dispute
Replies: 22
Views: 1458

Re: Boundary fence dispute

Mr Sheen - how do you know an easement does not exist? Throwing up a fence without looking into the legal situation could be a very bad move. To me putting up a fence looks a dangerous and provocative tactic. It does not change the legal situation. If you sell the house and the neighbour proves he h...
by ParallelLines
Thu Dec 06, 2018 7:24 pm
Forum: Boundaries
Topic: Developer attempting to convert verge to parking space
Replies: 6
Views: 754

Re: Developer attempting to convert verge to parking space

Hi Mac, No there isn't. However I am not clear how the right of way over this verge will continue if all the cars are parked on the parking spots. I believe when the care home operated there were just tow or three cars there and no one worried about it. The general streetscene is these verges are re...
by ParallelLines
Thu Dec 06, 2018 3:20 pm
Forum: Boundaries
Topic: Developer attempting to convert verge to parking space
Replies: 6
Views: 754

Developer attempting to convert verge to parking space

Hello again all, I have recently moved to a house on a private road. The road itself is a through road, it has no pavement but a number of grass and hard standing verges of about 2m one side and 5m the other. The houses have boundary walls with the building set back so it feels quite open and rural....
by ParallelLines
Wed May 02, 2018 8:06 pm
Forum: Rights of Way
Topic: Unadopted Road or Private Driveway?
Replies: 7
Views: 1389

Re: Unadopted Road or Private Driveway?

pilman you can't retire with all your skills. Yes using contractors will cost you more but property prices are a lot higher too so there is still opportunity. I daresay you found funding far harder to come in the 70's/80's, there are always challenges with property. I'm sure you have a few projects ...
by ParallelLines
Wed May 02, 2018 7:49 pm
Forum: Rights of Way
Topic: Private road, who has right to access ?
Replies: 9
Views: 1856

Re: Private road, who has right to access ?

Perhaps you can get more pointers here before going to a solicitor? I don't know how to exactly do it at the Land Registry but if the land is registered you can put in whatever you have to put in and get the owner's details. Obviously with a house it is an address but I don't know how it works with ...
by ParallelLines
Tue May 01, 2018 9:53 pm
Forum: Rights of Way
Topic: Private Road and Right of Way for new house
Replies: 16
Views: 1765

Re: Private Road and Right of Way for new house

Fantastic post Pilman, thankyou! In my defence I didn't quite mean to compare the two situations, even if it looked like it. I read on the ashworths link that it isn't a lock that the rights can be transferred, as you are saying now, and I could find myself in a situation similar to your landlordzon...
by ParallelLines
Tue May 01, 2018 9:27 am
Forum: Rights of Way
Topic: Private Road and Right of Way for new house
Replies: 16
Views: 1765

Re: Private Road and Right of Way for new house

Thanks micky - it will be my misinterpretation of pilman's post on landlordzone which will be at fault. But there was a guy wanting vehicle access onto a council road and pilman said to him it could cost him thousands. The other article I read talks of 'intensification' so I was worried a new house ...
by ParallelLines
Tue May 01, 2018 9:20 am
Forum: Rights of Way
Topic: Private road, who has right to access ?
Replies: 9
Views: 1856

Re: Private road, who has right to access ?

Alternatively if he is building, you might want to wait until the thing is finished if it is a new house say because then you would be in a fantastic position if he has no other vehicle access and no easement in place to use your road. If he is building a 4 bed detatched and this is the only access ...
by ParallelLines
Tue May 01, 2018 8:59 am
Forum: Rights of Way
Topic: Unadopted Road or Private Driveway?
Replies: 7
Views: 1389

Re: Unadopted Road or Private Driveway?

Putting the legal questions to one side for a moment, do you have the visibility splay to exit to this B road? You would need to have a Highways Agency assessment but there is no point applying for one unless you have enough visibility and also own all the land within the splay. I suggest you google...
by ParallelLines
Mon Apr 30, 2018 4:26 pm
Forum: Rights of Way
Topic: Private road, who has right to access ?
Replies: 9
Views: 1856

Re: Private road, who has right to access ?

If you simply assume the guy has no right of access and put a fence up and you are wrong you could end up with a hefty legal bill. Perhaps this chap has bought access from the owner of the road? The starting point has to be who owns the road. Perhaps you are joint owners and have a repair fund? If s...
by ParallelLines
Sun Apr 29, 2018 2:05 pm
Forum: Rights of Way
Topic: Private Road and Right of Way for new house
Replies: 16
Views: 1765

Re: Private Road and Right of Way for new house

Well because: a) the seller might innocently represent himself as having this right when in fact he does not. b) if the seller declares a perscriptive right then it sounds like I would have to take out insurance, which might not be possible. I was just hoping to be able touch base with someone who h...
by ParallelLines
Sun Apr 29, 2018 11:02 am
Forum: Rights of Way
Topic: Private Road and Right of Way for new house
Replies: 16
Views: 1765

Re: Private Road and Right of Way for new house

Yes that is my concern. I very much doubt the seller has negotiated a new right of access. But it is possible the seller is claiming a prescriptive right of access on the basis of the garage being on the land he is selling. The acquisition of private rights and easements will be familiar to many dev...