Search found 136 matches

by peacemaker
Mon Jul 01, 2019 9:38 pm
Forum: Rights of Way
Topic: New member and this must be a first for this forum
Replies: 330
Views: 18645

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

So we received a further response to our last letter and the other side are still on the defence. We're going to respond by reaffirming our substantive position and it will be without prejudice offer detailing my desired outcome as we're not going to continue exchanging letters whereby each party me...
by peacemaker
Tue Jun 25, 2019 2:05 pm
Forum: Rights of Way
Topic: New member and this must be a first for this forum
Replies: 330
Views: 18645

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

Hello Idefix, well nothing noteworthy to update other than a comms blackout from the other side. Next step is to issue court proceedings as the way I see it and as Mr Sheen pointed out, the other side do not actually need to do anything until the proceedings are served and then at the point they hav...
by peacemaker
Fri May 10, 2019 1:35 pm
Forum: Rights of Way
Topic: New member and this must be a first for this forum
Replies: 330
Views: 18645

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

Thanks Ukmickey, you pretty much nailed it from the outset.
by peacemaker
Wed May 08, 2019 9:08 pm
Forum: Rights of Way
Topic: New member and this must be a first for this forum
Replies: 330
Views: 18645

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

I have received the Barrister's advice who is of a view that the right of way reserved to my property is likely to be interpreted in line with the Court of Appeal's decision in Emmett v Sisson meaning that the right should be interpreted widely, even if that right grants what might be a considered a...
by peacemaker
Sat May 04, 2019 5:30 pm
Forum: Rights of Way
Topic: New member and this must be a first for this forum
Replies: 330
Views: 18645

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

Collaborate wrote:
Tue Apr 16, 2019 8:43 am
If anyone fancies holding on a few days I'm awaiting an advice from counsel on a very similar issue. Might have something useful to add to the debate in around a week or so.
Hey Collaborate, have you received the Counsel's opinion yet please?
by peacemaker
Fri Apr 26, 2019 1:02 pm
Forum: Rights of Way
Topic: New member and this must be a first for this forum
Replies: 330
Views: 18645

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 peacemaker
Fri Apr 26, 2019 12:58 pm
Forum: Rights of Way
Topic: New member and this must be a first for this forum
Replies: 330
Views: 18645

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

All that has been removed is the front of the house with and without the fence. If you look back a couple of pages you can see the hedge is situ where the fence is now positioned. The tile plan is posted above. What else do you need to see? Perhaps for new readers a copy of the plan of your neighbo...
by peacemaker
Wed Apr 24, 2019 9:35 pm
Forum: Rights of Way
Topic: New member and this must be a first for this forum
Replies: 330
Views: 18645

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

Whilst we wait for Collaborate to report back on his client's results and ultimately Counsel's opinion on my claim, here is an interesting article that I thought I would share with you all. What I surmise from this is that although I am effectively a 'change of user' which makes interpreting ROWs tr...
by peacemaker
Tue Apr 23, 2019 1:05 pm
Forum: Rights of Way
Topic: New member and this must be a first for this forum
Replies: 330
Views: 18645

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

All that has been removed is the front of the house with and without the fence. If you look back a couple of pages you can see the hedge is situ where the fence is now positioned. The tile plan is posted above. What else do you need to see?
by peacemaker
Thu Apr 18, 2019 7:52 pm
Forum: Rights of Way
Topic: New member and this must be a first for this forum
Replies: 330
Views: 18645

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

Thanks for the detailed explanation Pilman. Flipping back to my property and ROW wording, it certainly does appear that that the original owner had a good solicitor doing the conveyancing then. It's a shame that my neighbour has chosen to ignore it. Just out of interest, could anything else have bee...
by peacemaker
Wed Apr 17, 2019 7:31 pm
Forum: Rights of Way
Topic: New member and this must be a first for this forum
Replies: 330
Views: 18645

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

Not being familiar with ROW, titles and plans until recently, this subject has sparked my interest and I follow a lot threads across the forum. Why I'm enquiring about next doors register is three-fold: 1) I can't see they have a ROW over the same private road so would like confirmation if they have...
by peacemaker
Wed Apr 17, 2019 4:07 pm
Forum: Rights of Way
Topic: New member and this must be a first for this forum
Replies: 330
Views: 18645

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

It only occurred to me this evening to view next door's title and plan out of curiosity (not the defendants BTW as that was post 10 pages or ago). Whilst its no golden bullet it is interesting none the less. As far as I can tell there is no explicit ROW specified unlike in my title so how would the...
by peacemaker
Wed Apr 17, 2019 12:21 pm
Forum: Rights of Way
Topic: New member and this must be a first for this forum
Replies: 330
Views: 18645

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

Did you know that Google Earth show all satellite images that are available for a particular area with a feature that allows the earlier years to be viewed on screen. It is also possible to rotate each image to look from all directions at a particular dwelling with a magnified view on screen. Have ...
by peacemaker
Wed Apr 17, 2019 10:24 am
Forum: Rights of Way
Topic: New member and this must be a first for this forum
Replies: 330
Views: 18645

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

Have you tried contacting any of the previous occupants of any of the properties within that complex, there may be dateable photos that will assist. There are only three other residents, one of which we are in dispute and the other two moved here after 2010. Im going to speak to local farmers to fi...