Search found 1641 matches

by Collaborate
Tue Mar 19, 2019 7:02 pm
Forum: Fences
Topic: Adjacent to highway
Replies: 10
Views: 180

Re: Adjacent to highway

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...
by Collaborate
Mon Mar 18, 2019 9:18 am
Forum: General Topics
Topic: Playing Field convenant
Replies: 6
Views: 165

Re: Playing Field convenant

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.
by Collaborate
Sun Mar 17, 2019 9:53 am
Forum: General Topics
Topic: Playing Field convenant
Replies: 6
Views: 165

Re: Playing Field convenant

Does the LR title note the existence of covenants or refer to the '30s deed in any way?
by Collaborate
Thu Mar 14, 2019 7:13 pm
Forum: Fences
Topic: Supposed previous owner dispute over fence
Replies: 15
Views: 404

Re: Supposed previous owner dispute over fence

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...
by Collaborate
Wed Mar 13, 2019 7:07 pm
Forum: Rights of Way
Topic: neighbours want to build on shared drive
Replies: 54
Views: 1589

Re: neighbours want to build on shared drive

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.
by Collaborate
Wed Mar 13, 2019 1:25 pm
Forum: Rights of Way
Topic: New fence obstructing vehicles
Replies: 26
Views: 556

Re: New fence obstructing vehicles

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,
by Collaborate
Wed Mar 13, 2019 8:59 am
Forum: Rights of Way
Topic: New fence obstructing vehicles
Replies: 26
Views: 556

Re: New fence obstructing vehicles

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).
by Collaborate
Wed Mar 13, 2019 7:28 am
Forum: Rights of Way
Topic: neighbours want to build on shared drive
Replies: 54
Views: 1589

Re: neighbours want to build on shared drive

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.
by Collaborate
Tue Mar 12, 2019 6:09 pm
Forum: Rights of Way
Topic: neighbours want to build on shared drive
Replies: 54
Views: 1589

Re: neighbours want to build on shared drive

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...
by Collaborate
Tue Mar 12, 2019 12:13 am
Forum: Rights of Way
Topic: neighbours want to build on shared drive
Replies: 54
Views: 1589

Re: neighbours want to build on shared drive

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 ...
by Collaborate
Mon Mar 11, 2019 7:10 pm
Forum: Rights of Way
Topic: neighbours want to build on shared drive
Replies: 54
Views: 1589

Re: neighbours want to build on shared drive

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...
by Collaborate
Sun Mar 10, 2019 8:16 am
Forum: Rights of Way
Topic: neighbours want to build on shared drive
Replies: 54
Views: 1589

Re: neighbours want to build on shared drive

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 ...
by Collaborate
Fri Mar 08, 2019 10:26 am
Forum: Rights of Way
Topic: New fence obstructing vehicles
Replies: 26
Views: 556

Re: New fence obstructing vehicles

K816702 no lonhger exists as a tile number. The land identified as such in your plan is under title number TT87578
by Collaborate
Fri Mar 08, 2019 7:28 am
Forum: Rights of Way
Topic: New fence obstructing vehicles
Replies: 26
Views: 556

Re: New fence obstructing vehicles

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.
by Collaborate
Thu Mar 07, 2019 3:58 pm
Forum: General Topics
Topic: Summer House Confusion
Replies: 10
Views: 265

Re: Summer House Confusion

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...