Search found 77 matches

by melbatoast
Thu Apr 18, 2019 8:47 am
Forum: Rights of Way
Topic: New member and this must be a first for this forum
Replies: 366
Views: 21844

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

My neighbours ROW is not mentioned on my TP1, it is however on the Charges Register.

The other dominant user is not mentioned on either, but as Servient Owner I hold the Deed.
by melbatoast
Wed Apr 17, 2019 10:29 am
Forum: Rights of Way
Topic: New member and this must be a first for this forum
Replies: 366
Views: 21844

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

This might be the golden bullet! Here is a clearer pic from 1999 after the right of way was reserved. Although the hedge appears to be in situ, there is no hedge or boundary feature along the rest of the boundary - see red line. Could there be scope to remove the current Hawthorne hedge bordering t...
by melbatoast
Wed Apr 17, 2019 10:15 am
Forum: Rights of Way
Topic: New member and this must be a first for this forum
Replies: 366
Views: 21844

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

This might be the golden bullet! Here is a clearer pic from 1999 after the right of way was reserved. Although the hedge appears to be in situ, there is no hedge or boundary feature along the rest of the boundary - see red line. Could there be scope to remove the current Hawthorne hedge bordering t...
by melbatoast
Tue Apr 09, 2019 12:32 pm
Forum: Rights of Way
Topic: Conflicting interests PROW
Replies: 54
Views: 7948

Re: Conflicting interests PROW

Hi All I'm hoping that some of you may be able to guide me in the right direction. I previously wrote about the Tomlin Order, which has been signed off by the Judge. My solicitor has drawn up the Deed of Variation, for submission to Land Registry and the Surveyor has marked out the parking area onto...
by melbatoast
Mon Feb 25, 2019 8:49 am
Forum: Rights of Way
Topic: Conflicting interests PROW
Replies: 54
Views: 7948

Re: Conflicting interests PROW

The most stupid thing about this is property law which includes easements is one of the 7 foundation modules all solicitors have got pass on there way to a law degree ,so the clamaints solicitors should automatically had the required knowledge and should not have allowed it to get as far as it did....
by melbatoast
Sat Feb 23, 2019 9:13 am
Forum: Rights of Way
Topic: Conflicting interests PROW
Replies: 54
Views: 7948

Re: Conflicting interests PROW

Thanks Peacemaker. We were both insured. I believe the reason it settled is because they had a locum solicitor 'helicoptered in' who had more of an understanding of the law surrounding rights of way ( their previous solicitor left the company). They really didn't gain anything that they didn't have ...
by melbatoast
Fri Feb 22, 2019 10:23 am
Forum: Rights of Way
Topic: Conflicting interests PROW
Replies: 54
Views: 7948

Re: Conflicting interests PROW

<t>Hello all,<br/> <br/> It has been a while since I asked and gained some valuable advise here.<br/> <br/> We had pre court wranglings between solicitors with my neighbour about the parking of my vehicle (s) on the Accessway which I own, but my neighbour has a right of way over (never in dispute of...
by melbatoast
Fri Sep 07, 2018 7:29 am
Forum: Rights of Way
Topic: New member and this must be a first for this forum
Replies: 366
Views: 21844

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

Okay, so your saying that because the hedge has not been identified in the transfer then it cannot be part of the right of way. not quite... I’m saying that because the transfer identifies the driveway as sharing a boundary with the retained land it follows that any extant boundary feature must hav...
by melbatoast
Thu Sep 06, 2018 5:45 pm
Forum: Rights of Way
Topic: New member and this must be a first for this forum
Replies: 366
Views: 21844

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

Hi melbatoast, some of the known facts: 1. the two properties were part of the same title until July 1998 2. compulsory first registration has been in force in all areas of E&W since 1990 3. the title plan for the OP’s property clearly identifies it as having a shared boundary with the neighbour’s ...
by melbatoast
Thu Sep 06, 2018 4:53 pm
Forum: Rights of Way
Topic: New member and this must be a first for this forum
Replies: 366
Views: 21844

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

Hi melbatoast, some of the known facts: 1. the two properties were part of the same title until July 1998 2. compulsory first registration has been in force in all areas of E&W since 1990 3. the title plan for the OP’s property clearly identifies it as having a shared boundary with the neighbour’s ...
by melbatoast
Thu Sep 06, 2018 2:06 pm
Forum: Rights of Way
Topic: New member and this must be a first for this forum
Replies: 366
Views: 21844

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

So on the Accessway that I own and my neighbour has a right of way over, the whole Accessway is defined as a right of way, but there are hedges along parts of it; they are definitely part of the area shown which my neighbour has a right across. Now I realise that he wiil drive avoiding damaging them...
by melbatoast
Thu Sep 06, 2018 1:14 pm
Forum: Rights of Way
Topic: New member and this must be a first for this forum
Replies: 366
Views: 21844

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

IMG_1125.jpg
or perhaps I haven't attached to previous post!!
by melbatoast
Thu Sep 06, 2018 1:12 pm
Forum: Rights of Way
Topic: New member and this must be a first for this forum
Replies: 366
Views: 21844

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

I've followed Mac's advice and requested the amendment proposed re changing the wording from granted to reserved and await a response from the solicitor. I'm not 100% clear on IdefixUK's post regarding the boundary not belonging to either myself or my neighbour I have to be honest. I have attached ...
by melbatoast
Thu Sep 06, 2018 12:45 pm
Forum: Rights of Way
Topic: New member and this must be a first for this forum
Replies: 366
Views: 21844

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

Okay, so your saying that because the hedge has not been identified in the transfer then it cannot be part of the right of way.
by melbatoast
Thu Sep 06, 2018 9:06 am
Forum: Rights of Way
Topic: New member and this must be a first for this forum
Replies: 366
Views: 21844

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

Hi IdefixUK, You seem to be of the opinion that a reserved easement carries more weight in law than one which is granted then it’s best I clarify - I don’t hold that opinion. the point I thought I was clearly making was that, for the OP’s case, the fact the easement was reserved by the OP’s predece...