Search found 23 matches

by mr rusty
Fri Feb 19, 2021 8:53 am
Forum: Boundaries
Topic: Possible adverse possession in future
Replies: 45
Views: 689

Re: Possible adverse possession in future

I think it might be an idea to reassess what your plans are for the land. One thing you could do is apply for outline planning permission yourself to build on the plot. With a parcel of land 20 miles away and being in your 70's, realistically it isn't going to get any easier. You could sell it with/...
by mr rusty
Fri Feb 12, 2021 4:22 pm
Forum: Boundaries
Topic: New Build Boundary Fence in Wrong Place
Replies: 5
Views: 211

Re: New Build Boundary Fence in Wrong Place

Get the fence moved. Have a beer and toast your success. Forget about the little bit of cost and hassle to sort it out and move on.

Life is too short to fight every potential issue, especially when it could go either way.
by mr rusty
Fri Jan 22, 2021 11:58 am
Forum: General Topics
Topic: Intensification, but no change of use
Replies: 27
Views: 315

Re: Intensification, but no change of use

Personally I think the intensification is a dead duck. We own a private track at the end of which is a property that in years past (up to 70's maybe 80's) was a commercial flower grower with large greenhouses. The greenhouses still stand, but the business has been inactive and the plot just used (by...
by mr rusty
Wed Oct 21, 2020 12:57 pm
Forum: Trees
Topic: Always a bright side...
Replies: 4
Views: 269

Re: Always a bright side...

You could use a screening plant like bamboo, BUT be VERY careful which species you choose because some are extremely rampant, or plant some much smaller and less invasive trees such as a "spire" flowering cherry which keep a very upright form.
by mr rusty
Wed Oct 21, 2020 12:44 pm
Forum: Trees
Topic: Wisteria cut buy roofers
Replies: 14
Views: 409

Re: Wisteria cut buy roofers

Moral of the story is if it is that important write it in to the contract. So many disputes between customers and contractors would be so much easier if the contract could be referred to.
by mr rusty
Wed Oct 21, 2020 12:37 pm
Forum: Boundaries
Topic: Has the canny old neighbour been "landgrabbing"?!
Replies: 3
Views: 455

Re: Has the canny old neighbour been "landgrabbing"?!

In fact even the threat of a boundary dispute should work. Get it fixed or dispute will be registered. Could be dragged out for a year or two if necessary :-)
by mr rusty
Thu Sep 03, 2020 4:39 pm
Forum: Hedges
Topic: Neighbour’s hedges
Replies: 31
Views: 1050

Re: Neighbour’s hedges

I would forget the trees themselves and focus on the roots. Far easier to show damage caused by roots and that is actionable. https://www.warnergoodman.co.uk/site/blog/news/causing-a-nuisance-tree-root-damage#:~:text=Allowing%20tree%20roots%20to%20encroach,constitutes%20common%20law%2C%20private%20n...
by mr rusty
Tue Aug 25, 2020 3:43 pm
Forum: Rights of Way
Topic: Neighbour wants to drive on foot only access driveway
Replies: 20
Views: 527

Re: Neighbour wants to drive on foot only access driveway

Why with new neighbours do you instantly want to get in to a fight? Why don't you help them to get their refurbishment done as expeditiously as possible. If they damage your house/wall they should assume liability, but otherwise I would start by trying to help as much as possible in the interest of ...
by mr rusty
Tue Aug 04, 2020 1:46 pm
Forum: Rights of Way
Topic: Removing a right of way from someone elses deeds
Replies: 3
Views: 363

Re: Removing a right of way from someone elses deeds

The land is unregistered
What land is unregistered? If you bought in 2017 you must have registered what you bought. Are you saying your garden actually extends beyond the registered boundary in to this unregistered part? If so it is far more complex than just a ROW.
by mr rusty
Tue Jul 21, 2020 9:05 am
Forum: Rights of Way
Topic: Right of Way/Adverse Possession Dilemma
Replies: 102
Views: 3045

Re: Right of Way/Adverse Possession Dilemma

if we have any rights to object. Yes they tick all the boxes for adverse possession I think possibly you are missing the point that your biggest stick is not the right to object, but the ability to move very, very slowly in the process to correct the error. There is a process that would have to be ...
by mr rusty
Mon Jul 20, 2020 4:48 pm
Forum: Rights of Way
Topic: Right of Way/Adverse Possession Dilemma
Replies: 102
Views: 3045

Re: Right of Way/Adverse Possession Dilemma

If your daughter is genuinely interested in purchasing, then I think you need to get the neighbours to see what a golden opportunity this is for them to offload a difficult problem. Anyone other than your daughter or a cash buyer is going to crash straight in to this boundary dispute and the discrep...
by mr rusty
Mon Jul 20, 2020 10:18 am
Forum: Rights of Way
Topic: Right of Way/Adverse Possession Dilemma
Replies: 102
Views: 3045

Re: Right of Way/Adverse Possession Dilemma

Why not just cut to the chase. The bottom line is that you are not too bothered about the construction, but would like to use the situation as leverage to get your daughter in to the house at the right price. Why not just front it up. Write to the neighbour making it very clear there is a boundary d...
by mr rusty
Thu May 28, 2020 3:56 pm
Forum: Fences
Topic: Neighbour fence issue
Replies: 35
Views: 1844

Re: Neighbour fence issue

She is looking to move soon and wants to "take the fence with her" If it all gets a bit messy, surely this is your "get out of jail free" card? just advise her that if you were to register a formal boundary dispute with the land registry, it will cause her all sorts of problems if she tries to sell...
by mr rusty
Tue May 26, 2020 10:14 am
Forum: Trees
Topic: Oak tree with TPO
Replies: 16
Views: 895

Re: Oak tree with TPO

It's a slightly tricky one because it is your neighbours tree and they have responsibility for it. One thing you could do is get a professional opinion on the danger/stability of the tree. If this suggests that the tree really is in danger of falling without urgent work, then a letter to your neighb...
by mr rusty
Tue May 05, 2020 3:09 pm
Forum: Rights of Way
Topic: installation of electric gates/ ROW
Replies: 23
Views: 1254

Re: installation of electric gates/ ROW

IANAL but my gut feeling is that this would not be a substantial interference. In these sort of situations I think that constructive pragmatism is better than conflict. I totally understand the problem that you need to ensure that emergency services can gain access. Why not ask whoever is specifying...