Search found 97 matches

by mr rusty
Wed May 29, 2024 12:34 pm
Forum: Rights of Way
Topic: Absence of Easement policy, ROW interference
Replies: 1
Views: 56

Re: Absence of Easement policy, ROW interference

Yes, if you have a policy, the first port of call is to find out if it is valid, and get a copy of the Ts & Cs if you don't have that. Depending on what these say will determine your next action. If you have legal cover under the policy to defend the use of the access, then I would have thought ...
by mr rusty
Fri May 03, 2024 4:41 pm
Forum: Boundaries
Topic: Adverse possession vs GPS housing developer
Replies: 6
Views: 242

Re: Adverse possession vs GPS housing developer

One tactic might be to write to the developer and advise that if he disagrees with the established boundary, then you will formally open a boundary dispute to determine the boundary but won't be in any hurry to complete the legal process, which will probably make his development unsellable in the me...
by mr rusty
Thu Apr 04, 2024 1:22 pm
Forum: General Topics
Topic: Local business trying to force sale of my house to them
Replies: 15
Views: 525

Re: Local business trying to force sale of my house to them

There is possibly another option. By the sound of it you have quite a large property adjacent to a housing estate. Is the plot big enough to split up? It might be worth investigating whether you can get outline planning permission to demolish/alter and for 2-3 (or more) small houses on the plot. Put...
by mr rusty
Tue Feb 27, 2024 12:08 pm
Forum: Boundaries
Topic: Being Taken to Court Over Boundary
Replies: 15
Views: 1485

Re: Being Taken to Court Over Boundary

If they have actually registered a claim instead of threatening one, you need legal advice - go and find a specialist solicitor. You might also inform the neighbours that you intend to open a formal dispute with the land registry which will blight the property possibly for several years if you drag ...
by mr rusty
Wed Jan 24, 2024 1:48 pm
Forum: Rights of Way
Topic: Row over private road neighbour issues
Replies: 18
Views: 970

Re: Row over private road neighbour issues

I'm sure more knowledgeable posters will chip in, but my reaction is that with regard to the trees, if they are over your owned land, you can cut them back. If they impede your legal right of access, you can cut them back to maintain your access, so I don't expect they are a significant issue. With ...
by mr rusty
Tue Jan 09, 2024 11:38 am
Forum: Boundaries
Topic: Buyer querying boundaries
Replies: 29
Views: 1784

Re: Buyer querying boundaries

Wait for one of the more knowledgeable posters for a second opinion, but if you need to respond quickly I would point out that the title plan only shows general boundaries, and that he actual boundaries are usually take to be the features on the ground. There is no dispute, so nothing to correct. Th...
by mr rusty
Tue Dec 19, 2023 1:17 pm
Forum: General Topics
Topic: Neighbour trying to 'steal' someone's cat
Replies: 6
Views: 423

Re: Neighbour trying to 'steal' someone's cat

Look, cats are free spirits and go where they wish. If they are not happy they go to the "cat estate agent" and find a new place to live. It is up to the old man to make his home more attractive to said cat than the old woman. Keep it in at night, give it a warm bed and feed it "catni...
by mr rusty
Fri Dec 08, 2023 2:50 pm
Forum: Boundaries
Topic: New build
Replies: 18
Views: 998

Re: New build

I don't agree with Rusty on this point - the builder has acknowledged the error, so there should be no issue whatsoever in you either having your land back, or being compensated for it. I'd agree if the amount of land and the offer weren't so tiny, but it would only take a different FD to come alon...
by mr rusty
Tue Nov 21, 2023 1:33 pm
Forum: Boundaries
Topic: New build
Replies: 18
Views: 998

Re: New build

Take the 3K and be happy. If the builders decided to back track and say "you saw what you bought and bought what you saw", it would cost you a heck of a lot more to fight it now. You've already said if they hadn't told you, you wouldn't have noticed.
by mr rusty
Thu Nov 09, 2023 6:28 pm
Forum: General Topics
Topic: Costs Associated with Shared Sewage Treatment Plant
Replies: 13
Views: 338

Re: Costs Associated with Shared Sewage Treatment Plant

Pragmatically, what are you actually talking about? if it's just a point of principle, then there is a certain reasonableness to quantify the manual effort the maintainer has had to do. If at usual rates of say £250/day what the maintainer is claiming is the value of the work he has done stacks up, ...
by mr rusty
Wed Nov 08, 2023 4:46 pm
Forum: Rights of Way
Topic: Neighbours Wish to Deny New Access from Servient Land
Replies: 120
Views: 6150

Re: Neighbours Wish to Deny New Access from Servient Land

I'll update if anything interesting happens.
I'd lay odds it's "when" not "if"... :D
by mr rusty
Wed Aug 02, 2023 12:06 pm
Forum: Rights of Way
Topic: Is injunction the only solution ?
Replies: 90
Views: 4341

Re: Is injunction the only solution ?

I would take a step back. and ignore all the previous discussions on the alternative right of way - it seems it is an undocumented discussion at this stage which has not been properly allowed in their plans. I think you already have enough information to engage (hopefully) any legal expenses insuran...
by mr rusty
Thu May 11, 2023 10:24 am
Forum: Rights of Way
Topic: Neighbours Wish to Deny New Access from Servient Land
Replies: 120
Views: 6150

Re: Neighbours Wish to Deny New Access from Servient Land

Personally, I think the planner is having a larf. If your house is residential, your hedge is residential and the fact that tractors pass it I would have thought should be irrelevant. It might be worth asking this very specific question over at https://forum.buildhub.org.uk/forum/108-planning-permis...
by mr rusty
Wed Apr 12, 2023 3:36 pm
Forum: Rights of Way
Topic: Neighbours Wish to Deny New Access from Servient Land
Replies: 120
Views: 6150

Re: Neighbours Wish to Deny New Access from Servient Land

I’d thank them for clarifying that the complaint doesn’t warrant further action and that land ownership is not a planning matter. I would not enter into a pseudo-consultation on whether other planned works would or would not breach planning law. I agree. I certainly wouldn't be asking planning for ...
by mr rusty
Fri Mar 10, 2023 4:02 pm
Forum: Boundaries
Topic: Overhanging guttering
Replies: 24
Views: 860

Re: Overhanging guttering

I wonder if the best tactic is to tell the son that you will register a boundary dispute, start the process and then sit on your hands and do nothing. This will then mean that the house is blighted by a boundary dispute which will make any prospective buyer possibly walk away. Point out to him that ...