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by Collaborate
Tue Apr 07, 2020 7:44 am
Forum: Boundaries
Topic: Legal Standing of Transfer of Part
Replies: 38
Views: 1998

Re: Legal Standing of Transfer of Part

ukmicky wrote:
Mon Apr 06, 2020 5:26 pm
Long time ago then.

There are now 7 compulsory modules and land law is one of them
So, the same as 30 years ago.
by Collaborate
Mon Apr 06, 2020 4:39 pm
Forum: Boundaries
Topic: Legal Standing of Transfer of Part
Replies: 38
Views: 1998

Re: Legal Standing of Transfer of Part

ukmicky wrote:
Mon Apr 06, 2020 1:01 pm
How long ago did you do it.
over 30 years.
by Collaborate
Mon Apr 06, 2020 8:33 am
Forum: Boundaries
Topic: Legal Standing of Transfer of Part
Replies: 38
Views: 1998

Re: Legal Standing of Transfer of Part

If he has done a Law degree one of the elements he must take and pass is Land law and he will know then know the red line on the plan does not indicate a precise position of the legal boundary. He will also have complete understanding of the general boundary rule and also how the LRA 2002 protects ...
by Collaborate
Tue Mar 24, 2020 2:47 pm
Forum: Boundaries
Topic: Boundary Problem When Selling
Replies: 30
Views: 757

Re: Boundary Problem When Selling

Your buyers are being unreasonable. You have no control over this. You can start a claim for AP after 10 years but if the neighbour objects your application will be refused. The application will itself be an admission that the land isn't yours. I'd offer them a statutory declaration that the fence h...
by Collaborate
Mon Mar 23, 2020 12:30 pm
Forum: Rights of Way
Topic: Right of way
Replies: 19
Views: 556

Re: Right of way

From your latest post it seems that you do own the wall. Therefore you can remove it wherever you want and make your access point closer to the public road.
by Collaborate
Tue Mar 17, 2020 9:41 am
Forum: Rights of Way
Topic: Neighbour widened access point
Replies: 19
Views: 534

Re: Neighbour widened access point

If their new access point is not further down your lane/track than the existing one, any right they have to pass over the lane extends to their new opening. If they have ownership of the hedge they are entitled to remove it. The only difference it makes to you is that if previously you could have pa...
by Collaborate
Tue Mar 17, 2020 9:28 am
Forum: Rights of Way
Topic: service road issues
Replies: 8
Views: 387

Re: service road issues

It means that whoever sold the property granted and reserved to the buyer for themselves the benefit of a right to pass along the service road (of that corresponds with the description given in the wording). Also, any rights that seemed to be exercised at the time over by one of the parcels of land ...
by Collaborate
Tue Mar 17, 2020 9:19 am
Forum: Fences
Topic: Fence move.
Replies: 1
Views: 224

Re: Fence move.

Do you have any coherent question to ask? This is the second thread of yours I've seen and neither leads anywhere.
by Collaborate
Fri Mar 13, 2020 11:48 am
Forum: Rights of Way
Topic: Neighbour widened access point
Replies: 19
Views: 534

Re: Neighbour widened access point

My understanding is that unless there is something specified, it is usually considered that they can open a gate wherever they like on the border onto the track. Try putting some posts in at the border (but wholly on your land and not causing an obstruction), one at one end of their property and on...
by Collaborate
Thu Mar 12, 2020 12:30 pm
Forum: General Topics
Topic: Trespassing pipe and other problems
Replies: 29
Views: 913

Re: Trespassing pipe and other problems

If it's a professional opinion you're after make sure you get it from your solicitor. You won't get that here.
by Collaborate
Thu Mar 12, 2020 12:28 pm
Forum: Rights of Way
Topic: Right of Way / Parking on Joint Access Area
Replies: 2
Views: 231

Re: Right of Way / Parking on Joint Access Area

I think that you're right that you can park as per the third diagram as you are not obstructing your neighbour's access to their parking space. If they start again trying to park on that part of the shared access that you own you would be able to seek injunctive relief through the courts. Make sure ...
by Collaborate
Sat Mar 07, 2020 9:57 am
Forum: Boundaries
Topic: Another boundary dispute
Replies: 8
Views: 462

Re: Another boundary dispute

At the moment you are in pole position. You have enclosed your garden in accordance with the internal party wall. Whilst boundaries might move over time, I suspect the evidence they have that the meandering hedge caused the boundary to shift either no longer exists or isn't definitive. The fact they...
by Collaborate
Mon Mar 02, 2020 9:47 am
Forum: Rights of Way
Topic: Is this an abuse of a ROW?
Replies: 62
Views: 1577

Re: Is this an abuse of a ROW?

The whole purpose of the original grant containing the provision that it relates to the use of the property as a single dwelling only is in order to restrict use of the ROW. There is a big difference between allowing a ROW for two homes or allowing a ROW for land that may eventually turn in to a num...
by Collaborate
Fri Feb 28, 2020 4:55 pm
Forum: Fences
Topic: 28 days to remove fence - breach of covenant
Replies: 61
Views: 23072

Re: 28 days to remove fence - breach of covenant

The post may be a few years old but the principle is that unless your wealthy the courts are way out of reach for most people and their is always a chance the enforcement is not applied to the covenant breach and you may as well remove the fence and pass it back to the neighbour and say remove the ...
by Collaborate
Fri Feb 28, 2020 9:51 am
Forum: Rights of Way
Topic: Is this an abuse of a ROW?
Replies: 62
Views: 1577

Re: Is this an abuse of a ROW?

Scrambler wrote:
Thu Feb 27, 2020 7:08 pm
If prescriptive rights have been gained ?

If members of the same family are living in the additional accommodation? Ie its one household.
They are both actually let out. Did you not see that? Let's give OP any advice based on the facts without spiralling off in obscure and irrelevant tangents.