Search found 14 matches

by StaffordshireBlue
Wed Feb 07, 2018 1:10 pm
Forum: Rights of Way
Topic: Developer wants to put new foul waste through my garden
Replies: 41
Views: 3622

Re: Developer wants to put new foul waste through my garden

Hello George I've just built a house, and may be able to shed some light on drainage as we had to get a waste water connection. I found the Developer Services of our water authority really helpful, and it sounds like you may have been in touch with them already. In terms of some of the questions oth...
by StaffordshireBlue
Tue Feb 06, 2018 1:36 pm
Forum: Rights of Way
Topic: Access rights with complications...
Replies: 43
Views: 2592

Re: Access rights with complications...

Quicquid plantatur solo, solo cedit
I understand.

It was the discussion between you and Collaborate about ntdwm I was lost on...!
by StaffordshireBlue
Tue Feb 06, 2018 9:34 am
Forum: Rights of Way
Topic: Access rights with complications...
Replies: 43
Views: 2592

Re: Access rights with complications...

I confess I don't understand the most recent posts! However, thanks to this, and the beauty of Google (other search engines are available) I think I can summarise my legal position as this: In Re Ellenborough Park, [1956] Evershed confirmed four things must be present in order for an easement to exi...
by StaffordshireBlue
Fri Feb 02, 2018 5:59 pm
Forum: Rights of Way
Topic: Access rights with complications...
Replies: 43
Views: 2592

Re: Access rights with complications...

maybe she has been lowering her Cairn Terrier, in a basket on a rope, for it's constitutionals? I've seen that in more than one film. John W...you just made my day! Our property is (and always has been) freehold. I'm sure the gates were put in by the individual occupiers. Naturally the sticking poi...
by StaffordshireBlue
Fri Feb 02, 2018 2:37 pm
Forum: Rights of Way
Topic: Access rights with complications...
Replies: 43
Views: 2592

Re: Access rights with complications...

Hi Mac There are four properties with gates in their boundary fence and the reasons are similar: Property 1: B4A told me the previous owners of one house had installed this gate, so this would have have been after 2007 (the year they purchased it). Property 2: B4A told me that someone she had known ...
by StaffordshireBlue
Fri Feb 02, 2018 1:58 pm
Forum: Rights of Way
Topic: Access rights with complications...
Replies: 43
Views: 2592

Re: Access rights with complications...

i.e. they can't just open the gate and stand on our land I should clarify that the reason I'm asking this is that whilst I don't dispute the amount of time the gate to the road has been there, I am sceptical about how long ago the gates in the boundary fences were installed. i.e. how many years the...
by StaffordshireBlue
Fri Feb 02, 2018 12:25 pm
Forum: Rights of Way
Topic: Access rights with complications...
Replies: 43
Views: 2592

Re: Access rights with complications...

Hi John W If an occupier of a house, (Including subsequent occupiers) accesses your path, on just one day of each of 20 consecutive years, the property will gain a prescriptive easement. Presumably it's not enough for the occupiers to just access our path; they have to (in our particular instance) w...
by StaffordshireBlue
Wed Jan 31, 2018 11:24 am
Forum: Rights of Way
Topic: Access rights with complications...
Replies: 43
Views: 2592

Re: Access rights with complications...

Hello ArborLad - what do you think the advantages of keypads vs keys are? Not thought about one being better than the other so I'd be interested to know your thinking. collection of an annual payment as proof that renewal of permission has been sought and given Interesting idea Mac, I like it. I thi...
by StaffordshireBlue
Tue Jan 30, 2018 5:52 pm
Forum: Rights of Way
Topic: Access rights with complications...
Replies: 43
Views: 2592

Re: Access rights with complications...

Hi Mac Re: the drug addicts and fly-tippers... Yes, I can see how that would have been confusing without further context! There was a garage next to the path that the previous owner let it fall into disrepair and it was regularly fly-tipped which we had to deal with. Also, when we cleared it out bef...
by StaffordshireBlue
Tue Jan 30, 2018 2:12 pm
Forum: Rights of Way
Topic: Access rights with complications...
Replies: 43
Views: 2592

Re: Access rights with complications...

Hello all I shall try and respond to all elements in some kind of order! Yes, Arborlad, we do own the gate and the land the gate is attached to. I can also confirm the presence of ne'er do wells in my area. We've had to clear up fly-tipping and needles and when a couple of houses were undergoing ref...
by StaffordshireBlue
Mon Jan 29, 2018 5:01 pm
Forum: Rights of Way
Topic: Access rights with complications...
Replies: 43
Views: 2592

Re: Access rights with complications...

Hi Jonah

To be fair... We also want a gate. We take our rubbish out that way and it does improve security.

It's the indescriminate copying and distributing of keys that bothers me!
by StaffordshireBlue
Mon Jan 29, 2018 2:57 pm
Forum: Rights of Way
Topic: Access rights with complications...
Replies: 43
Views: 2592

Re: Access rights with complications...

why would you removing a gate off your land create a dispute?!? I should clarify that I'm not using dispute in the legal sense of the term! We're in a very dense urban environment and the pathway was gated after attracting drug addicts and fly tipping. The pathway has previously been used by burgla...
by StaffordshireBlue
Mon Jan 29, 2018 1:15 pm
Forum: Rights of Way
Topic: Access rights with complications...
Replies: 43
Views: 2592

Re: Access rights with complications...

Hello Mac Thanks so much for this. A few questions following from your response. 1. Under what circumstances could a person acquire a personal right to use our land? 2. All houses want the gate to be in place and to be lockable - to remove it would create a whole new level of dispute! If the RoW A-h...
by StaffordshireBlue
Mon Jan 29, 2018 9:40 am
Forum: Rights of Way
Topic: Access rights with complications...
Replies: 43
Views: 2592

Access rights with complications...

Hello all This is my first time posting here, and it concerns two separate, but linked issues which I hope won't come across as confusing. I'm also going to separate this into the (lengthy) background, details of the dispute and then then post my specific questions at the bottom. Background There is...