Search found 1362 matches

by Collaborate
Sat Jun 23, 2018 5:00 pm
Forum: Rights of Way
Topic: Right of way
Replies: 56
Views: 568

Re: Right of way

tess12 wrote:
Sat Jun 23, 2018 4:54 pm

"Who told you that" - the solicitor acting for the development loan finance company. Also, I cannot get indemnity insurance.
You therefore need a second opinion from someone who acts for you. They will need to liaise with the uber pessimistic lawyer for the lender.
by Collaborate
Sat Jun 23, 2018 3:46 pm
Forum: Rights of Way
Topic: Right of way
Replies: 56
Views: 568

Re: Right of way

But I have been told that: "The reference in the 1922 Conveyance to “other suitable vehicles” intended to cover vehicular access at the time which would have been considerably more restricted. I do not think the easement extends to modern vehicular access to XX new residential properties". Regards ...
by Collaborate
Fri Jun 22, 2018 5:01 pm
Forum: Rights of Way
Topic: Right of way
Replies: 56
Views: 568

Re: Right of way

Reply to Mac and the wider community. We don't know when the deed was written. It is possible that if someone connected with the land but not the stud etc. Has used the access(20+ years) then they might be able to claim a prescriptive easement which is not restricted to " horsey" vehicles . an ease...
by Collaborate
Fri Jun 22, 2018 12:20 am
Forum: Rights of Way
Topic: Right of way
Replies: 56
Views: 568

Re: Right of way

What's the point of this web site then ??? Not to replace properly funded professional legal advice. You know, the one where if you spend £0.5m on a development and their advice turned out to be wrong, you could actually sue them. Would probably cost you no more than £500 to have someone who knows ...
by Collaborate
Thu Jun 21, 2018 6:31 pm
Forum: Rights of Way
Topic: Right of way
Replies: 56
Views: 568

Re: Right of way

You're contemplating a significant development and think that instead of paying a lawyer for advice you'd get just as reliable advice on here? From people who are anonymous, with little or no qualifications?

Sorry if I've got it wrong, but if not, you need to give your head a wobble.
by Collaborate
Tue Jun 19, 2018 9:30 pm
Forum: Boundaries
Topic: Complex boundary issue
Replies: 4
Views: 262

Re: Complex boundary issue

You can't change the fence without the neighbour's consent. it seems either it's theirs anyway (they paid for it) or it is a jointly owned fence, built astride the boundary. If it's jointly owned you can replace it with an identical fence, but you can't make it bigger or smaller without their consen...
by Collaborate
Mon Jun 18, 2018 10:34 pm
Forum: General Topics
Topic: Conservatory toilet
Replies: 7
Views: 230

Re: Conservatory toilet

Sorry, but I can't get beyond the fact that somewhere there is a conservatory and someone put a toilet in it. Haven't the neighbours complained?
by Collaborate
Fri Jun 15, 2018 6:40 pm
Forum: Fences
Topic: Advice on moving fence
Replies: 19
Views: 865

Re: Advice on moving fence

No - the 10 year thing only applies to 13.4.1. the other restrictions are open ended.
by Collaborate
Thu Jun 14, 2018 6:27 pm
Forum: Fences
Topic: Advice on moving fence
Replies: 19
Views: 865

Re: Advice on moving fence

13.4.2 suggests that you can't erect a fence between the front of your property and the road, other than what the builders put there. You have to read that clause along with the definition of open area. Open area includes the space "between any wall, fence, hedge or boundary feature within the prope...
by Collaborate
Thu Jun 14, 2018 2:42 pm
Forum: Fences
Topic: Advice on moving fence
Replies: 19
Views: 865

Re: Advice on moving fence

You now need to get hold of a copy of the 2001 transfer referred to. That will determine whether or not there are documented rights over the driveway.
by Collaborate
Thu Jun 14, 2018 2:16 pm
Forum: Trees
Topic: Sycamore Tree on neighbouring property
Replies: 4
Views: 249

Re: Sycamore Tree on neighbouring property

I think you have to persuade them that they may be liable for damage to your property caused by the roots. For that you would need a report from a surveyor or other specialist that demonstrates whether or not the property is likely to suffer damage. If you can't show that I can see the management co...
by Collaborate
Wed Jun 13, 2018 9:05 pm
Forum: Fences
Topic: Advice on moving fence
Replies: 19
Views: 865

Re: Advice on moving fence

You need to show us the rest of it. Rights of 3rd parties are not restrictive covenants. They will show in the property register.
by Collaborate
Wed Jun 13, 2018 1:29 pm
Forum: Boundaries
Topic: Party wall - neighbour not wanting to pay - help
Replies: 7
Views: 358

Re: Party wall - neighbour not wanting to pay - help

What you have is called a Party Fence Wall. The PWA applies to it. You need to follow the procedure in the PWA, and a surveyor(s) may be appointed (At your cost), The surveyor can apportion cost of the rebuild between you, so you'd have to work out whether it would be cheaper to pay the whole lot yo...
by Collaborate
Tue Jun 12, 2018 11:49 pm
Forum: Fences
Topic: Strange One:Rear garden fence between two properties !
Replies: 32
Views: 518

Re: Strange One:Rear garden fence between two properties !

Which makes your post at 1.36pm all the more unnecessary, don’t you think? The point I was making, and am continuing to make, is I think quite clear. No one knows whose land the fence sits on. Your 1.36 post says otherwise, but as you’ve now pointed out the claim that the neighbour paid for the fenc...
by Collaborate
Tue Jun 12, 2018 9:43 pm
Forum: Fences
Topic: Strange One:Rear garden fence between two properties !
Replies: 32
Views: 518

Re: Strange One:Rear garden fence between two properties !

I don’t follow why you’ve posted the above given the OP has already stated: when I moved in during 1993 the neighbours had already erected the very first fence 10 years earlier. and that, since then, any work on the fence has involved replacing panels - not a complete removal and replacement. am I ...