Garden Law Discussion

Hello broadyard.
I notice that you have posted the same in the rights of way section of this forum. It is generally thought unwise to post the same question twice. You still have time to delete this post if you are quick. Leave the question under the right of way heading.

Regards

Westcoast wrote: ↑

Mon Mar 23, 2020 6:47 pm

That we have sole responsibility for the wall A - C

Westcoast,
Might I ask that you let the forum know the exact wording of this part, as it appears in your title deeds?
Thank you.

Regards

despair wrote: ↑

Fri Mar 20, 2020 2:44 pm

Sick 2 death of the Covid 19 excuse for why no one can do anything !

despair,
I consider that comment as reaching a "10" on the "Well out of order meter".
Try watching, and understanding, the news.

Hello again, Covenants can be a complex area of law. Can we see the wording of the restrictive covenants on the two properties please. Can you readily identify the land which benefits from these covenants....is it your land or other land nearby (or both)? If it is your land which exclusively benefit...

I take it due to the services part of the easement the house wasn’t built at the time of grant so there was nothing on the ground that created a benchmark so in theory there nothing restricting the size of the house But more importantly the burden your land has to accept. I read this thread such th...

Hello lordm. Although you have tried to explain your case in words I am having difficulties in understanding the situation on the ground. To help readers of this thread comment more accurately would it be possible for you to post a couple of simple diagrams? "A picture paints a thousand words " Rega...

the development is a new structure so the height of previous structure is irrelevant. I think that this is the relevant part of the legislation. Paragraph (c) seems to deal with "means of enclosure maintained, improved or altered .....exceed former height" etc. The Town and Country Planning (Genera...

Bridgebuilder, I have reported the link and have asked admin to delete it for you. To maintain the continuity of the thread you could try using tinypics, or even upload to this site if you can get the file size small enough by using any photo manipulating software. You may need to repetitively keep ...

Hello all. POSSIBLE WARNING TO ALL. The link posted by Bridgebuilder to the schematics of the situation seemed to give my ipad an epileptic attack, without me touching the screen my ipad was redirected to several sites that I really didn't want to visit. Anyone else suffered the same? Or is it just ...

The legal presumption is rebuttable, which is not what has been quoted above where it is implied that it is up to the neighbouring land-owner to "prove" ownership. It will be necessary for another person or body to prove otherwise by rebutting the presumption using evidence that will satisfy the ci...

yawa, I agree with ukmicky. The presence of open land (where the street later existed) on the old maps (which also show what is now your property), is evidence that no presumtion of ownership of half (or any) of that land can be made by you. From what we now know my advice to you, for what it is wor...

3) If the land is separated into a different title, then the ROW rights are divided and go with the land to both titles. The land for each title (the title with the original house and the new title with the new building) contains only one dwelling place each, and so neither title is breaching the t...

Pilman, I would be very interested to know if the fact that the area (from which the OP claims a portion under the ad medium filum presumption ) was prevously a street would make any difference ( once a highway always a highway) . Would not the public have rights to access all of the area which was ...

This thread has moved on rapidly, nevertheless here I attempt to answer some of the questions you posed. Do you know what ‘common ownership’ means in terms of property? I ask because a few days after the developers had purchased the estate each individual property was registered under their own titl...

Yes, that's the same lawyer. I'm not concerned about a gate across the road at the moment. I'm posting regarding the boundary and my right to erect a fence on it. His comment about a gate across the road was in response to our question about what rights we had given the council have it on the list ...