Search found 94 matches

by FilthWizzard
Tue Jan 26, 2021 3:36 pm
Forum: Rights of Way
Topic: Shared access bath running through garden - but is it?
Replies: 11
Views: 257

Re: Shared access bath running through garden - but is it?

Another point, is that the OP says they've lived there 10 years. It is possible that the path has been used longer than that, even to the point where a prescriptive right of way has now been created. If things the case, nothing else matters much. I suggest the OP works out if it may have been used f...
by FilthWizzard
Thu Jan 07, 2021 2:27 am
Forum: Rights of Way
Topic: Locking gate on RoW
Replies: 16
Views: 590

Re: Locking gate on RoW

Mac, you are quite right only a court can decide. Only the OP can decide if they can live with the situation, and i am trying to help them understand the law and the potential practicalities of the situation as i see it. I just offered my "thoughts" on the situation based on my knowledge and experi...
by FilthWizzard
Fri Dec 25, 2020 5:08 pm
Forum: General Topics
Topic: 8’ high pizza oven plus smoker in small garden
Replies: 37
Views: 564

Re: 8’ high pizza oven plus smoker in small garden

When my parents emigrated to London in the 1950's, what country did they come from and what was their ethnicity? Lithuanian 🤗 Should anyone else try to prove their psychic abilities, the clue is the national language is Welsh. :lol: When you said London - as opposed to England, my first thoughts we...
by FilthWizzard
Fri Dec 25, 2020 4:57 am
Forum: General Topics
Topic: Access to property
Replies: 27
Views: 727

Re: Access to property

despair wrote: Thu Nov 12, 2020 7:14 pm Whilst they might have a right of access i honestly cannot see it allows them 10 days of extensive scaffolding for a days job at most plus they have already caused dansge and not paid for repairs
Where is that restriction stated in the quote from the title docs?
by FilthWizzard
Fri Dec 25, 2020 4:55 am
Forum: General Topics
Topic: My garden and kerb damaged by council lorries
Replies: 2
Views: 152

Re: My garden and kerb damaged by council lorries

Kerb is likely to be the Highways property, technically nothing you can do about that until such time as they choose to repair it. If the garden is definitely yours, then perhaps seek to place a large stone/rock on the corner to prevent egress by larger vehicles, but bear in mind there may be a bac...
by FilthWizzard
Fri Dec 25, 2020 4:48 am
Forum: General Topics
Topic: Neighbour converting storage barn into Stable very close to my property
Replies: 12
Views: 276

Re: Neighbour converting storage barn into Stable very close to my property

From what I can gather, it seems the barn is on the neighbour's residential land. It is only exercised on the surrounding agricultural land. If so, they can keep their pet horse on their residential land. Now, where they have a problem is using the agricultural land for the horse all day. If OP want...
by FilthWizzard
Fri Dec 25, 2020 3:31 am
Forum: Rights of Way
Topic: Locking gate on RoW
Replies: 16
Views: 590

Re: Locking gate on RoW

I deliberately said it may be deemed a “substantial interference” because nobody, other than the court can decide if it is or not. Mac, you are quite right only a court can decide. Only the OP can decide if they can live with the situation, and i am trying to help them understand the law and the po...
by FilthWizzard
Tue Sep 29, 2020 8:24 pm
Forum: General Topics
Topic: Ivy on neighbours wall
Replies: 9
Views: 241

Re: Ivy on neighbours wall

However, if the Ivy has been there for over 20 years, doesn't she have an easement to keep it there?
by FilthWizzard
Tue Sep 29, 2020 7:55 pm
Forum: Rights of Way
Topic: Shared Driveway - parking
Replies: 10
Views: 583

Re: Shared Driveway - parking

Of course, you could offer to buy that parking spot from him for a few grand? If he doesn't use it, he may well say yes.
by FilthWizzard
Sat Sep 19, 2020 3:51 pm
Forum: Fences
Topic: Refuse neighbour access to fence?
Replies: 16
Views: 2066

Re: Refuse neighbour access to fence?

Firstly, we are assuming you are 100% sure it is the neighbour's fence. You should not assume, you should check. If they own the fence then the quality of repair is none of your business. As you realise, you need to leave their fence alone. So the neighbour does not need to fix the fence. They can j...
by FilthWizzard
Tue Sep 15, 2020 9:03 pm
Forum: Rights of Way
Topic: Right of way on foot-interpretation
Replies: 3
Views: 329

Re: Right of way on foot-interpretation

They user could even push a motorcycle or car, so long as the way is wide enough and the item is not being used as a vehicle (so not powered).

The reasonable width is the current width unless otherwise officially defined in the title. Don't change it.
by FilthWizzard
Tue Sep 15, 2020 8:59 pm
Forum: Rights of Way
Topic: HIGHER RIGHTS ON PROWS
Replies: 19
Views: 900

Re: HIGHER RIGHTS ON PROWS

Just one further question here baring in mind planning permission has yet been given. Are there any circumstances under which the HA could say "look the damage being caused by vehicles is so extensive that we wish to withdraw from our duty to maintain the path at the public expense? Yes. They can s...
by FilthWizzard
Tue May 12, 2020 7:46 pm
Forum: Rights of Way
Topic: installation of electric gates/ ROW
Replies: 23
Views: 1236

Re: installation of electric gates/ ROW

how would the paramedic know the PIN? Easy. You just put up a sign by the gate with the pin on it. Sometimes the simplest solutions are the best. not sure that would tie in with what the neighbour’s (the ones who have decided the gates are needed) are thinking... I'm not sure they are thinking that...
by FilthWizzard
Tue May 12, 2020 7:37 pm
Forum: General Topics
Topic: Gutter Cleaning - Non payment of bill?
Replies: 13
Views: 942

Re: Gutter Cleaning - Non payment of bill?

I am struggling to see the connection to garden law on your comment about contract law... It was a contract to do some work in his garden? Seems reasonable to me. Extra note: SJC14, sorry. I seem to have reported your post for piracy when attempting to quote it in a response. Damn touch screen phon...
by FilthWizzard
Tue May 12, 2020 3:06 pm
Forum: General Topics
Topic: Land deeds question
Replies: 19
Views: 917

Re: Land deeds question

OK, so first you need to know what the type of land usage it is currently designated for. My guess would be woodland, not garden. If you get permission to re-register as a garden then you could have a shed under permitted development I guess (so long as your coucil has not removed PD rights for your...