Garden Law Discussion

I'm not so sure that they're right about the parking area still being highway (it is not open to the public) but there is still scope for the LPA to deem it adjacent to the highway (I disagree with Mac's sweeping statement). There are a number of authorities, although not one place where you can see...

Sadgardener2 wrote: ↑

Mon Mar 18, 2019 12:14 am

It is so complicated.

And therefore likely to be extremely expensive to pay a professional to advise you on this.

Does the LR title note the existence of covenants or refer to the '30s deed in any way?

I'd point out that the letter they have sent you is not compliant with the Pre Action Protocol https://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_pre-action_conduct In all likelihood they're simply trying it on. The alternative is the solicitor hasn't got a clue what they're supposed t...

Irrespective of whether my assessment is right or Pilman's, The neighbour seems to want to deny OP rights over his drive but assert his own rights over OP's drive. Either way, on one of those the neighbour is going to lose.

Building Regs say that a fire tender should be able to get 45m from the furthest point of a property (something to do with the length of a hose). is that not relevant for new buildings only, though? Yes, but it will be bourne in mind when the easements were created the nature of the access needed,

Building Regs say that a fire tender should be able to get 45m from the furthest point of a property (something to do with the length of a hose).

I agree that the advice must be from a specialist chancery counsel.

I suppose it all depends on whether a judge would consider the cost of installation of a hard standing for a car constitutes sufficient action to the detriment for OP or the neighbour to be able to argue proprietary estoppel.

I remain unconvinced. I've done a search of the Ives case (thank you for the reference) but the ratio of that case appears to be based on proprietary estoppel - https://webstroke.co.uk/law/cases/er-ives-investment-ltd-v-high-1967 . I'm fairly sure that PE will not apply to OP's situation as OP or hi...

Implied Easement of common intention https://www.oxbridgenotes.co.uk/revision_notes/gdl-law-gdl-land-law/samples/easements_2 Implied: By implied grant (or less often reservation)— Retrospectively included in a document. The party is saying the easement should be read into/implied into the document ...

Hi Pilman I'm not entirely sure that your definition of an equitable easement is comprehensive enough. Certainly an equitable easement is not registered, but that does not serve to define what it is. You need to explain how the easement was created in the first place and I don't think it has been es...

Our sellers had the property for approx 25 yrs and stated on the spif that informal agreements over shared drive and turning at rear was in place. How does this stand legally? can anyone offer advice before we go down sols route. Why are you asking this when earlier in the thread you said this: Hi ...

K816702 no lonhger exists as a tile number. The land identified as such in your plan is under title number TT87578

Much more detail needed.

A plan would be useful (is there one on the deeds?) and some historic information about the "nature of user from which it has arisen".

Without that information you can't hope to answer your own question.

I take back what I posted earlier. Mac is right. The guidance can be found here https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/606669/170405_Householder_Technical_Guidance__-April_2017_FINAL.pdf “Principal elevation” – in most cases the principal elev...