Search found 1598 matches

by Collaborate
Fri Jan 18, 2019 3:28 pm
Forum: Rights of Way
Topic: gates swing.. out or in
Replies: 14
Views: 301

Re: gates swing.. out or in

A ROW does not give the dominant owner the right to swing a gate over the land in question. Swinging a gate open is not an act of moving from point A to point B so as to exercise a ROW.
by Collaborate
Fri Jan 18, 2019 3:23 pm
Forum: Rights of Way
Topic: Vehicular ROW dispute - claim of false deeds!
Replies: 51
Views: 1476

Re: Vehicular ROW dispute - claim of false deeds!

Hi Bellatrix LeStrange, My understanding of chronology: Event 1: the owner of the whole sells off No 4 and reserves a RoW over that land for the remainder of his property - shaded yellow. Event 2: the owner of the remainder sells off No 3 and grants a RoW for it over the remainder of his property -...
by Collaborate
Fri Jan 18, 2019 7:49 am
Forum: Rights of Way
Topic: Vehicular ROW dispute - claim of false deeds!
Replies: 51
Views: 1476

Re: Vehicular ROW dispute - claim of false deeds!

As plot 4 sold first, the only rights you can enjoy over that plot are the rights reserved to the seller in that sale transaction, which is a right of way over the yellow shaded area. Your investigations need to centre on whether or not the plan for plot 4 is accurate in its shading. Whatever you ge...
by Collaborate
Fri Jan 18, 2019 7:40 am
Forum: Boundaries
Topic: Does a legal boundary line outweigh a flower bed wall?
Replies: 41
Views: 595

Re: Does a legal boundary line outweigh a flower bed wall?

The thread by Conveyancer is good law, as supported by the quote from New Law Journal I posted on this thread https://www.gardenlaw.co.uk/phpBB2/viewtopic.php?f=4&t=21347&start=120 . It is still good law, as nothing has changed in the last 10 years. A google search is no substitute for Conveyancer's...
by Collaborate
Thu Jan 17, 2019 7:35 am
Forum: Boundaries
Topic: Encroachment onto shared alleyway.
Replies: 4
Views: 163

Re: Encroachment onto shared alleyway.

Council will do nothing. It is a private dispute. Be thankful they empty your bins.

It's all down to you.
by Collaborate
Tue Jan 15, 2019 6:22 pm
Forum: Boundaries
Topic: Encroachment onto shared alleyway.
Replies: 4
Views: 163

Re: Encroachment onto shared alleyway.

Planning don't care who owns the land. That isn't their function. It's also irrelevant from a planning perspective what third party legal rights may be affected by a development. Your opportunity to stop the development occurred most likely when it was being built. But no one did anything. That dela...
by Collaborate
Thu Jan 10, 2019 3:46 pm
Forum: General Topics
Topic: Forum Update
Replies: 42
Views: 2554

Re: Forum Update

Doesn't stop facebook announcing birthdays (for those willing to trust them with the information).
by Collaborate
Thu Jan 10, 2019 7:42 am
Forum: Boundaries
Topic: Private access road - resurfacing a section.
Replies: 141
Views: 3256

Re: Private access road - resurfacing a section.

A right of way gives you the right to pass and repass and as long as you can physically get to and from your driveway then the extent of your rights are being fulfilled. You will have to prove a 'substantial interference' to your ability to pass and repass and the amount of passing space shown in t...
by Collaborate
Wed Jan 09, 2019 3:27 pm
Forum: Boundaries
Topic: Private access road - resurfacing a section.
Replies: 141
Views: 3256

Re: Private access road - resurfacing a section.

Did you apply for legal funding through your insurance policy?
by Collaborate
Tue Jan 08, 2019 11:45 am
Forum: Boundaries
Topic: Neighbour appropriated some of my garden
Replies: 183
Views: 6543

Re: Neighbour appropriated some of my garden

Hopefully this article from the New Law Journal (2008 - the law hasn't changed to a material degree since then) will shed some light. Plans Land Registry's requirements In the case of registered land, the first point of reference when trying to establish the extent of a property will be the Land Reg...
by Collaborate
Tue Jan 08, 2019 9:21 am
Forum: General Topics
Topic: General binding rules: GBR small sewage discharge to a surface water
Replies: 10
Views: 348

Re: General binding rules: GBR small sewage discharge to a surface water

that looks like an entirely sensible analysis of the situation. Is that what your lawyers said?
by Collaborate
Thu Jan 03, 2019 5:53 pm
Forum: Hedges
Topic: Planting of conifers alongside boundary hedge behind houses
Replies: 5
Views: 312

Re: Planting of conifers alongside boundary hedge behind houses

They are highly unlikely to fall within the high hedges legislation unless you have a shallow garden.
by Collaborate
Thu Jan 03, 2019 7:53 am
Forum: Flooding
Topic: old sewer enters my garden and stops abruptly at the kitchen wall
Replies: 12
Views: 499

Re: old sewer enters my garden and stops abruptly at the kitchen wall

Pipes don't drain up, surely? They always drain down.
by Collaborate
Thu Dec 20, 2018 7:49 am
Forum: General Topics
Topic: Playhouse (similar to shed)
Replies: 9
Views: 303

Re: Playhouse (similar to shed)

No point appealing enforcement action when, if you want, you can apply for PP.
by Collaborate
Sun Dec 16, 2018 11:24 am
Forum: Boundaries
Topic: Neighbour appropriated some of my garden
Replies: 183
Views: 6543

Re: Neighbour appropriated some of my garden

Annie08, I do not think it usual to rectify the Deeds to suit the fence position, rather the fence position should be rectified to align with the LR Title Plan. This is only partially correct, the Title Plan is only intended to show you which property you bought, not where on that property the boun...