Search found 194 matches

by wtc
Fri May 10, 2024 7:41 pm
Forum: Rights of Way
Topic: Right of Access
Replies: 58
Views: 1392

Re: Right of Access

Beehive - sorry, can you go over the timeline again. I would have had the same understanding of ownership history as Collaborate but the latest post now conflicts. Are there three titles here? My understanding for each title: 1. Combined no 2 and no 3 plot. 1997 Bought by Company A. Immediately does...
by wtc
Fri May 10, 2024 1:54 pm
Forum: Boundaries
Topic: Boundary issue
Replies: 41
Views: 1305

Re: Boundary issue

On the annotated picture, if this is from the Index Map Search, the white patches would be unregistered land. Can we assume you own all the green? Is it your understanding that the neighbour owns the unregistered white, but being described as an extension does he also own the adjacent plot shaded pi...
by wtc
Wed May 08, 2024 2:26 pm
Forum: Fences
Topic: Damaged Fence - Ownership dispute
Replies: 12
Views: 319

Re: Damaged Fence - Ownership dispute

I presume that the 'Land Registry' source was the title plan (the one that can be bought online for £3)? Its purpose is to help locate the plot with reference to features on the map, but not to infer the exact location of or ownership of legal boundaries. There should be a 'general boundaries' discl...
by wtc
Tue Apr 30, 2024 6:06 pm
Forum: Rights of Way
Topic: Hedges and bins a narrow drive
Replies: 27
Views: 582

Re: Hedges and bins a narrow drive

There's mention of historical planning granted for the garage but that does not automatically grant any right of access. Is there anything documented relating to the right of way, on foot, for vehicles or otherwise, or are you relying on assumed past vehicle use? All land has an owner, though if unr...
by wtc
Tue Apr 30, 2024 2:39 pm
Forum: Rights of Way
Topic: 4 gates over my right of way
Replies: 17
Views: 457

Re: 4 gates over my right of way

Cars can be seen parked on the road at the bottom of the picture in the first post. The other houses have been opened up to now all run front to back. Yorkshirehal only has the back half of the house.
by wtc
Tue Apr 30, 2024 12:48 pm
Forum: Rights of Way
Topic: Implied easement on new build property?
Replies: 36
Views: 776

Re: Implied easement on new build property?

Drogon seems to be in the stronger position here, owning the land and not appearing to have a RoW across the land. As noted by arborlad, the fence and path around the edge is wholly owned by drogon. Getting rid of those would achieve the bought plot. That fenced off part is material. ... the only ot...
by wtc
Mon Apr 29, 2024 6:35 pm
Forum: Rights of Way
Topic: Implied easement on new build property?
Replies: 36
Views: 776

Re: Implied easement on new build property?

Just my opinion, but I think that there always was supposed to be a rear access for the neighbour, but the developer (or their solicitors) has messed up in properly making that happen. The presence of the path on the TP1, the construction of it with gate and fence around it plus belief of the neighb...
by wtc
Mon Apr 29, 2024 12:05 pm
Forum: Rights of Way
Topic: Implied easement on new build property?
Replies: 36
Views: 776

Re: Implied easement on new build property?

Was this and the neighbouring house bought off plan? If so, exchange dates seem relevant to the OPs argument. At completion it seems the fenced off path was already there, but at OPs exchange there was no expectation to the effective reduction of the plot. In terms of the neighbours 'deed', were the...
by wtc
Sun Apr 28, 2024 2:30 pm
Forum: Rights of Way
Topic: Implied easement on new build property?
Replies: 36
Views: 776

Re: Implied easement on new build property?

I'm guessing if the path in my plot is considered an estate road then there's nothing I can do? Estate Roads is in capitals in the original quote so should have a definition present as well. Many estate roads would become adopted by the council. Some might not, and remain on the title of the origin...
by wtc
Fri Apr 26, 2024 2:58 pm
Forum: Walls
Topic: Victorian wall collapse
Replies: 6
Views: 168

Re: Victorian wall collapse

Mac's advice seems reasonable here. With the reversing scenario, there is the one clear owner and one external party responsible for the damage, so all quite clear cut. For the retaining wall, ownership is described as unclear. It is not automatically the one higher up. Damage may be partly down to ...
by wtc
Tue Apr 23, 2024 10:38 am
Forum: Rights of Way
Topic: ROW to park on our property being blocked by neighbour
Replies: 21
Views: 743

Re: ROW to park on our property being blocked by neighbour

... the dotted line on OP's boundary extends beyond the boundary with the access road and includes some of the boundary with B. Just to flag that the map provided was only to illustrate layout and I would presume is not the one from any title plan, deed or licence. It does look very similar in styl...
by wtc
Thu Apr 18, 2024 3:06 pm
Forum: Walls
Topic: Retaining wall falling
Replies: 6
Views: 188

Re: Retaining wall falling

On the plus side, you are talking (or at least communicating in some way) and he is willing to put money/effort into building something, so that is a good start. Are you aligned on ownership of the wall and that the outer face marks the boundary? I presume that his ownership is consistent with his l...
by wtc
Tue Apr 16, 2024 10:12 am
Forum: Boundaries
Topic: Building developer claiming boundary is in the middle of our driveway
Replies: 6
Views: 287

Re: Building developer claiming boundary is in the middle of our driveway

It might have been the choice of words used, but as things are, the Land Registry cannot say that the developer owns the sliver of land. Are you working off the title plan - the one that can be downloaded for £3? Unless subject to a determined boundary (and since you are considering one, then it wil...
by wtc
Sun Apr 14, 2024 10:30 pm
Forum: Fences
Topic: Insufficient gravel boards causing neighbours soil to drift
Replies: 18
Views: 479

Re: Insufficient gravel boards causing neighbours soil to drift

What is stopping the gravel boards going lower? Usually the slots continue down. If enough soil underneath was removed, would the gravel boards drop into your preferred position? My new neighbour recently replaced our boundary fence. Presumably the neighbour arranged for and paid for the work. I gat...
by wtc
Fri Apr 12, 2024 4:06 pm
Forum: Hedges
Topic: Boundary Hedge ownership
Replies: 6
Views: 206

Re: Boundary Hedge ownership

1. Who owns a boundary hedge, is it 50/50 ownership if there is no documentation in the deeds? Not necessarily. The hedge would belong to whoever's side of the boundary it was planted. Should it straddle the boundary, then it might be jointly owned. A boundary feature might have reference in the de...