Search found 2458 matches

by hzatph
Sat May 02, 2015 6:30 pm
Forum: Rights of Way
Topic: Locked gates on right of way
Replies: 16
Views: 3319

Re: Locked gates on right of way

An important matter may have been overlooked here. Case law is clear that users of a right of way can use the whole width but no more. If the gate is 6.5 feet then it is quite possible that it is preventing the use of the full width and limiting unlawfully the types of vehicle that can use it. This ...
by hzatph
Wed Apr 15, 2015 10:01 am
Forum: Boundaries
Topic: Urgent boundary help please!
Replies: 17
Views: 2619

Re: Urgent boundary help please!

Why do they want the land back? What do they want to achieve? Is it simply to correct an error so that things are "correct" or are they seeking to acquire the land. Have you or your solicitor discussed this with them? If not, it may be worth doing so. For example, you could offer a "without prejudic...
by hzatph
Tue Feb 17, 2015 7:44 pm
Forum: Rights of Way
Topic: Does a gate constitute part of a footpath?
Replies: 55
Views: 7663

Re: Does a gate constitute part of a footpath?

Arsie is correct.. The servient owner cannot increase the burden on the dominant owners without their permision. The burden on the OP is the same as it would have been if they purcahsed their house before the gate was erected. Even if it could be said that the OP had Acquiesced ,as the substantial ...
by hzatph
Fri Sep 12, 2014 8:27 pm
Forum: General Topics
Topic: Judge curses both houses
Replies: 22
Views: 3446

Judge curses both houses

by hzatph
Thu Aug 15, 2013 9:50 pm
Forum: Fences
Topic: Neighbours plant breaking fence
Replies: 4
Views: 3576

Re: Neighbours plant breaking fence

It is 2m from the original height of the land - it is not clear which side, if either, is the original height.

I would put in a fence strong enough to support the pressure from the wisteria.
by hzatph
Thu Aug 15, 2013 9:47 pm
Forum: Walls
Topic: retaining wall
Replies: 8
Views: 2406

Re: retaining wall

£40,000 of legal costs were incurred so clearly this was a complex case and a moment of research on here confirms this so I, for one, shall resist the temptation to make impulsive comments about the judge.
by hzatph
Thu Aug 15, 2013 2:10 pm
Forum: General Topics
Topic: Are your posts being deleted too?
Replies: 2
Views: 597

Re: Are your posts being deleted too?

gardenlaw wrote:In accordance with our aims, here at Garden Law we feel that any advice or discussion on Garden Law issues should be freely available to all and open to public scrutiny in the forum.
by hzatph
Thu Aug 15, 2013 1:41 pm
Forum: General Topics
Topic: Are your posts being deleted too?
Replies: 2
Views: 597

Are your posts being deleted too?

What is going on here please? Two posts have been deleted from a thread and another three were edited. No explanation has been offered. No doubt this one will be deleted too. Perhaps I should just ask Edward Snowden about it.
by hzatph
Tue Aug 13, 2013 11:15 pm
Forum: Hedges
Topic: advice on neighbour and hedge PLEASE!!
Replies: 14
Views: 4757

Re: advice on neighbour and hedge PLEASE!!

EDITED

Replacing hedging with mature plants may not give a good result - what is the hedge?
by hzatph
Tue Aug 13, 2013 11:06 pm
Forum: Fences
Topic: another slightly different fence issue
Replies: 4
Views: 1380

Re: another slightly different fence issue

The law may not help as it is not an effective instrument for this purpose. Talk to him and reach agreement and steer clear of legal remedies.
by hzatph
Tue Aug 13, 2013 8:37 am
Forum: Hedges
Topic: advice on neighbour and hedge PLEASE!!
Replies: 14
Views: 4757

Re: advice on neighbour and hedge PLEASE!!

gardenlaw wrote:This would result in a judgement against him which would affect his credit rating.
EDITED. If the neighbour loses then they have a period in which they can pay. Only if they fail to make payment would a county court judgement be lodged against them which could impact on their credit rating.
by hzatph
Tue Aug 13, 2013 8:36 am
Forum: Hedges
Topic: advice on neighbour and hedge PLEASE!!
Replies: 14
Views: 4757

Re: advice on neighbour and hedge PLEASE!!

EDITED There is no grounds for definitively concluding that it is criminal damage. For example, we do not know that it is the OP's hedge. EDITED As has been said, we do not know how low this hedge is or what it is. It may well grow back quickly. In terms of what you can do, you could try a small cla...
by hzatph
Tue Aug 13, 2013 8:28 am
Forum: Hedges
Topic: can you cut back overhanging potted plants?
Replies: 18
Views: 8965

Re: can you cut back overhanging potted plants?

When the neighbour who starts the dispute is a bully even if the matter went to court and a judge ruled they were wrong ...........bullies will still refuse point blank to believe the judge or any form of expert they simply insist they know better than anyone else on the planet and all around must ...
by hzatph
Thu Aug 01, 2013 9:33 am
Forum: Boundaries
Topic: New House - New Fence
Replies: 10
Views: 1706

Re: New House - New Fence

whydron wrote:The boundary to the left which we own has a small 3ft fence erected by the previous owner. So rightly or wrongly we believed that was the boundary line.
Difficult to argue that you can't replace it then.
by hzatph
Mon Jul 29, 2013 11:27 pm
Forum: Rights of Way
Topic: Can my solicitor do this?
Replies: 11
Views: 2330

Re: Can my solicitor do this?

mugwump wrote:Unless the solicitor is explicitly named then I read that as the contract is with the firm and not an individual solicitor.
+1

Tell him where to go!