Search found 622 matches

by IdefixUK
Wed Nov 20, 2019 1:43 pm
Forum: Rights of Way
Topic: Change ROW without consent.
Replies: 9
Views: 230

Re: Change ROW without consent.

I think that you would get better responses here if you were to post the wording of the ROW , and draw a diagram or two of the situation showing the properties concerned and the ROW. It would be helpful to know which properties were intended to benefit from the ROW at the time of the deed. Please en...
by IdefixUK
Tue Nov 19, 2019 10:53 pm
Forum: Boundaries
Topic: Boundary dispute
Replies: 36
Views: 929

Re: Boundary dispute

The conveyance say "a little more or a little less" and the plans says "Aprox" In both cases the writing is just after the measurements. You seem concerned about what "a little more or a little less" could mean in reality. I would say that modern surveying methods can plot to incredible accuracy wi...
by IdefixUK
Tue Nov 19, 2019 10:10 pm
Forum: General Topics
Topic: Neighbour parking in someone elses space
Replies: 6
Views: 166

Re: Neighbour parking in someone elses space

Janieb,
Your friend has had contact with the HA so they are aware of the situation. They seem to say that it's his problem. If your friend did erect a bollard do you think the HA would sue him for that? Even if they did, he could get it removed.

Regards
by IdefixUK
Tue Nov 19, 2019 9:42 pm
Forum: Boundaries
Topic: Boundary dispute
Replies: 36
Views: 929

Re: Boundary dispute

(Be the same, a little or less) On very dark and extremely foggy night in the 1970's I was crossing Parker's Piece ( effectively a park in the centre of Cambridge) I managed somehow to get to the point where the paths met in the park centre by following the vague light of an ornate street lamp whic...
by IdefixUK
Tue Nov 19, 2019 9:21 pm
Forum: Rights of Way
Topic: Change ROW without consent.
Replies: 9
Views: 230

Re: Change ROW without consent.

......I had asked them for a boundary agreement with the local council because they had moved their rear garden fence out into the rear public alley by half a metre. So I really would like them to get the correct measurements of the boundary to the rear of the building so their 3 metre deep extensi...
by IdefixUK
Tue Nov 19, 2019 9:06 pm
Forum: Rights of Way
Topic: Change ROW without consent.
Replies: 9
Views: 230

Re: Change ROW without consent.

[/quote] This may not be an issue, but it alarmed me when you stated that the ROW was present on the freehold title but not on the leasehold title. That would suggest that you have leased the bulk of the property but that you've not leased the ROW. That could be a problem, as then only the freeholde...
by IdefixUK
Tue Nov 19, 2019 8:36 pm
Forum: Boundaries
Topic: Boundary dispute
Replies: 36
Views: 929

Re: Boundary dispute

The only contentious thing is that that the written conveyance says, "width of X or there abouts". and the plan that is attached to that conveyance has the width measurement marked at "X aprox It would seem to be quite common to find either the phrase " shown on the attached plan which is for ident...
by IdefixUK
Fri Nov 15, 2019 11:28 pm
Forum: Boundaries
Topic: overhanging plastic roof (10cm)
Replies: 12
Views: 372

Re: overhanging plastic roof (10cm)

Cintapoppy1, Having looked at the photos two things come to mind. Firstly there appears to be some wooden fencing in one of the shots, this fencing appears to have "its good side" facing the neighbour's property, and the posts on your side. This would suggest (but not necessarily prove)that the fenc...
by IdefixUK
Wed Nov 13, 2019 5:52 pm
Forum: Boundaries
Topic: New build balcony privacy screen in wrong place
Replies: 8
Views: 263

Re: New build balcony privacy screen in wrong place

I'm no expert but do take a look at the case Beale v Beale EWCA Civ 1883 (28 November 2003). I think it should be titled Beale V Harvey. It might give you some hope if there is a physically possible way of re-siting the screen to it's correct position.

Regards
by IdefixUK
Wed Nov 13, 2019 2:49 pm
Forum: Elderly and Elder Law
Topic: inheritance tax
Replies: 5
Views: 86

Re: inheritance tax

This can be, I believe, a complex area of law. Certainly where considerable sums of money are involved I would suggest that your friend seeks professional advice from a law firm who have a specialist. It might save a lot of money and worry.

Regards
by IdefixUK
Wed Nov 13, 2019 2:32 pm
Forum: Rights of Way
Topic: New member and this must be a first for this forum
Replies: 376
Views: 23312

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

Please bear in mind whilst the courts like people to use mediation they do not expect either side to give up any legally held rights in order to resolve a case . There was a case in the appeal court I read last year (don’t know its name now ) where one side refused mediation as there was nothing th...
by IdefixUK
Tue Nov 12, 2019 10:37 pm
Forum: Boundaries
Topic: New build balcony privacy screen in wrong place
Replies: 8
Views: 263

Re: New build balcony privacy screen in wrong place

Hello Beara,
I would be interested to hear what your conveyancer has said about this.
Perhaps there is a case here for a rebate on the price that you paid for the lease.

Regards
by IdefixUK
Sun Nov 10, 2019 7:32 pm
Forum: Rights of Way
Topic: New member and this must be a first for this forum
Replies: 376
Views: 23312

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

Hello Peacemaker, Thanks for the update. I have never been involved in mediation so can offer no advice, however I hope that you realise that your insurers may well want to see an end to their potential liability. I hope that they don't steer you towards accepting an agreement that you cannot comfor...
by IdefixUK
Fri Nov 08, 2019 11:44 pm
Forum: Rights of Way
Topic: ROW Easements and covenants
Replies: 8
Views: 604

Re: ROW Easements and covenants

A case law I found very interesting to read is Smith v Garrard [2004] where such a covenant was oringally thought to enlarge the Easement but the decision was overturned at appeal due to the judge's different interpretation of the covenant wording. Hello IonSquare75. I think that if you re-read tha...
by IdefixUK
Sat Nov 02, 2019 12:40 pm
Forum: Hedges
Topic: Hedge cuttings
Replies: 4
Views: 278

Re: Hedge cuttings

Yes you are right. Annoying and inconsiderate though it is I need to focus on the important issue. I'm pleased you agree. The Right of Way issue is by far the most important for you to sort out, by bringing a few dropped hedge clippings into the argument might make you appear petty and vindictive (...