Search found 17 matches

by danensis
Tue Apr 24, 2007 8:54 pm
Forum: Rights of Way
Topic: Un-exercised Right of Way
Replies: 9
Views: 2495

I went to see a solicitor yesterday about changing my will. At the end of the discussion I mentioned the problems I was having with this right of way, and he turned pale and said he was acting for the other party, and had "a pile of old deeds to srot through". This suggests that the other party is s...
by danensis
Tue Apr 24, 2007 8:30 pm
Forum: Rights of Way
Topic: Just for fun
Replies: 0
Views: 1071

Just for fun

Put the following into a search engine:

solicitor "private rights of way"

It would appear that all the local authorities copy each others web sites, and copy the mistakes as well!
by danensis
Thu Feb 22, 2007 8:08 pm
Forum: Walls
Topic: Retaining wall - ownership?
Replies: 9
Views: 2937

No, I don't knwo when the land was raised. A neighbours house is on the same level, and that is clearly late Vitorian/Edwardian in style. However the land further along has been at the lower level until very recently.
by danensis
Fri Feb 16, 2007 9:07 pm
Forum: Walls
Topic: Retaining wall - ownership?
Replies: 9
Views: 2937

Unfortunately the factory was there before we bought the house. The owner claims that it is supported on piles and therefore unlikely to collapse, only the narrow strip between the factory wall and our wall would be affected. However the wall is much higher than the original garden wall would need t...
by danensis
Fri Feb 16, 2007 9:02 pm
Forum: Rights of Way
Topic: Un-exercised Right of Way
Replies: 9
Views: 2495

If he did, we weren't notified. I've also tried to get the local water authority involved as the car park now drains onto our land and turns it into a muddy swamp.
by danensis
Fri Feb 16, 2007 9:00 pm
Forum: Rights of Way
Topic: Private Lane
Replies: 4
Views: 1596

You might want to take a look at http://www.boundary-problems.co.uk/main ... ts.htm#way

With regards to selling on Rights of Way.
by danensis
Fri Feb 16, 2007 8:55 pm
Forum: Trees
Topic: Eucalyptus tree - should we buy the house?
Replies: 8
Views: 2325

it is usual in such cases to send a "warning letter" although, as a solicitor friend keeps saying the result of such a letter may be that there may be steam risiing over the wall when you move in. The letter is best coming from your solicitor so you're one step removed, and the wording needs to be d...
by danensis
Fri Feb 16, 2007 8:37 pm
Forum: Trees
Topic: TREES OLDER TAN THE HOUSES.
Replies: 16
Views: 2938

The law in this country is a mixture of statue and case law. Whenever a case has come to court where a property owner is complaining of tree root damage, the question has been "which was ther first, the tree or the building". and if the answer is "the tree" then the ruling has been that the builder ...
by danensis
Fri Feb 16, 2007 1:01 pm
Forum: Trees
Topic: TREES OLDER TAN THE HOUSES.
Replies: 16
Views: 2938

Arbtech is wrong on this. THe law is quite clear. If you build a house within the root span of existing trees than it is your responsibility to ensure the construction is such that it will stand up to dessication of the subsoil.
by danensis
Fri Feb 16, 2007 12:55 pm
Forum: Walls
Topic: Access for Building
Replies: 12
Views: 3675

As I recall from the Party Wall web site either theother party can employ a surveyor and you can accept that surveyor, or you can both employ a surveoyr, and they have to pay for yours, and if the two surveyors disagree you can agree to employ a third surveyor to mediate, and again the other party h...
by danensis
Fri Feb 16, 2007 12:49 pm
Forum: Rights of Way
Topic: Un-exercised Right of Way
Replies: 9
Views: 2495

The quote given above is from my deeds, which are what the Land Registry have on file.
by danensis
Thu Feb 15, 2007 5:42 pm
Forum: Roots
Topic: NEIGHBOUR'S TREE ROOTS DESTROYED A WALL
Replies: 3
Views: 14111

What is worse is that once you have involved your insurers, and mentioned the S word, then you are stuck with that insurer, as no-one else will insure you, and they will hike up the premiums. When we bought our house the surveyor mentioned the neighbours trees, but said they weren't causing a proble...
by danensis
Thu Feb 15, 2007 3:47 pm
Forum: Walls
Topic: Access for Building
Replies: 12
Views: 3675

Depending on your subsoil you may also want to get some monitoring in place, as the demolition and construction of a building of that size may result in heave or subsidence.
by danensis
Thu Feb 15, 2007 3:45 pm
Forum: Walls
Topic: Retaining wall - ownership?
Replies: 9
Views: 2937

I have a garden wall which the T marks on the deeds show as being my responsibility. However the uphill neoghbour has raised the level of the ground and built a factory on the land, thus making my wall into a retaining wall. At some stage in the past someone has built buttresses on my side of the wa...
by danensis
Thu Feb 15, 2007 3:39 pm
Forum: General Topics
Topic: Legal Expenses Cover
Replies: 19
Views: 4416

The only two times I have tried to invoke my legal cover from my hom einsurance they were both rejected because of the small print. The first was that they would not tackle any claim against a building contractor or for work done on the house, and the second was that they would not take on a claim a...