Search found 1612 matches

by Collaborate
Tue Feb 12, 2019 11:37 am
Forum: Rights of Way
Topic: Plan referred to in deeds
Replies: 22
Views: 419

Re: Plan referred to in deeds

The one tonne weight limit can certainly be enforced unless by prescription the limit has been allowed to be exceeded, for which it would be the responsibility of the dominant owner to prove. I presume the previous posters who have said it's unenforceable are advising so on the basis that many cars ...
by Collaborate
Fri Feb 08, 2019 9:15 am
Forum: Boundaries
Topic: Neighbour appropriated some of my garden
Replies: 191
Views: 7533

Re: Neighbour appropriated some of my garden

liveinpeace wrote:
Fri Feb 08, 2019 8:24 am
it does seem though by offering to pay you anything he is admitting that he has something of yours.
It doesn't help that the only evidence of this is a compromise of the claim.
by Collaborate
Fri Feb 08, 2019 7:37 am
Forum: Boundaries
Topic: Neighbour appropriated some of my garden
Replies: 191
Views: 7533

Re: Neighbour appropriated some of my garden

Update. Trespasser sent me a letter offering me £125 in full and final settlement. He doesn't seem to realize there are legalities involved. I have sent him a letter saying he can have the land if he pays all the costs involved in transferring ownership to himself. Alternatively he can move the fen...
by Collaborate
Sat Feb 02, 2019 10:56 am
Forum: Fences
Topic: Help
Replies: 8
Views: 317

Re: Help

tunk wrote:
Sat Feb 02, 2019 10:47 am
If I could delete it I would
what on earth made you think to start 2 threads?
by Collaborate
Fri Feb 01, 2019 11:32 pm
Forum: Boundaries
Topic: Fence post and panel moved
Replies: 7
Views: 330

Re: Fence post and panel moved

the limitation period for many claims is 6 years, but not all. It's 3 years for personal injury cases, and crucially 12 years for land disputes.
by Collaborate
Fri Feb 01, 2019 12:58 pm
Forum: Fences
Topic: Help
Replies: 8
Views: 317

Re: Help

If they remove a wall that holds their land in, and which stands wholly on their land, they should replace it with something that does the same job, and which also stands wholly on their land. Speak to them and ask them to get the fencer back. At the same time invite them to come and see it from you...
by Collaborate
Fri Feb 01, 2019 11:15 am
Forum: Fences
Topic: Help
Replies: 8
Views: 317

Re: Help

What do your deeds say about ownership of the wall? What condition was the wall in?
by Collaborate
Wed Jan 30, 2019 9:52 am
Forum: General Topics
Topic: Development of a studio built in a garden
Replies: 70
Views: 1346

Re: Buddleia encroachment

Thank you for this advice about how to tackle the tree/bush. The Buddleia is growing out of a Victorian wall where it adjoins my property. Its roots pass through sodden brickwork which has not been repaired for thirty years. Doubtless they go down several metres to the soil. It flourishes. It has a...
by Collaborate
Tue Jan 29, 2019 11:09 am
Forum: Rights of Way
Topic: New member and this must be a first for this forum
Replies: 246
Views: 13003

Re: New member and this must be a first for this forum

As for an obsession to go to court. I spent my weekend with an uni friend whos now a lawyer up in London. Reading some posts on here everyone feels you need to take everyone to court. In reality only a few cases end up in court. Most people behave like adults and either work with their legal people...
by Collaborate
Tue Jan 29, 2019 11:03 am
Forum: General Topics
Topic: Development of a studio built in a garden
Replies: 70
Views: 1346

Re: Buddleia tree growing into my wall from neighbours property

Sorry but your original post is unclear. It seems that a wall belonging to your neighbour has a buddleia growing out of it. What damage has it caused to your brickwork? Is the land on which the bush grows occupied? Is there anything to stop you simply cutting it down? I know you're not strictly perm...
by Collaborate
Mon Jan 28, 2019 10:31 pm
Forum: General Topics
Topic: Development of a studio built in a garden
Replies: 70
Views: 1346

Re: Development of a studio built in a garden

Thank you for the advice. We have been using a solicitor who specialises in council planning. He used to work for a council. But he is not impressed with the legal knowledge of the planners at this London borough. They have told us that 40 tons of excavation on a 35sq metre plot is routine maintena...
by Collaborate
Mon Jan 28, 2019 11:58 am
Forum: General Topics
Topic: Development of a studio built in a garden
Replies: 70
Views: 1346

Re: Development of a studio built in a garden

You need to make an urgent appointment to see a solicitor. Have a look at this https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/523010/Party_Wall_etc__Act_1996_-_Explanatory_Booklet.pdf (I'm astonished you haven't done this already) - see in particular ...
by Collaborate
Sat Jan 26, 2019 9:26 am
Forum: Boundaries
Topic: Fencing covenant
Replies: 24
Views: 701

Re: Fencing covenant

You are quite right in saying that the court system is there to remedy situations where someone has not complied with the Civil law. How long do you think it will take to go through the system you are endorsing and what are the chances of a successful outcome? These are the questions to ask. I'd al...
by Collaborate
Thu Jan 24, 2019 6:25 pm
Forum: Rights of Way
Topic: ROW: Variation or beneficial interpretation?
Replies: 17
Views: 585

Re: ROW: Variation or beneficial interpretation?

Just a thought here. A large section of your boundary is to the road. Why not secure access to the road without having to pass over your neighbour's property?
by Collaborate
Fri Jan 18, 2019 3:28 pm
Forum: Rights of Way
Topic: gates swing.. out or in
Replies: 14
Views: 457

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.