Garden Law Discussion

From the original post.

As a result a clause was specifically included in the deeds that it was the Servient Owner, SO, responsibility to maintain a minimum right of way passage of 2' 9" (33") throughout the full and entire length of the passage

From https://social.luptonfawcett.com/blog/rights-way-rights-and-obligations-repair If the right of way is created by a conveyance or other form of deed (often referred to as an express grant) which is silent about maintenance then the position is that once the way exists on the ground, the owner of...

How about a picture ALONG the road with your vehicle abreast of the parked ones, rather than an oblique view from an upstairs window. You know? Give us a true idea of this really tight space that you have to negotiate because I bet it's a lot larger than I have to deal on a daily basis without a pro...

That's ok, according to the yellow hatched area on the plan, the op is free to drive across all his neighbours front gardens. Plenty of space. no they’re not - the wording made it clear that the extent of the RoW is across all those parts of the yellow area that were a “common entrance or driveway”...

That's ok, according to the yellow hatched area on the plan, the op is free to drive across all his neighbours front gardens. Plenty of space.

A. put up your own fence.
B. No idea. We can't see your deeds. You need to read both yours and your neighbour's to ascertain this.

pilman wrote: ↑

Thu Dec 13, 2018 12:48 am

That would be a very unusual occurrence when the whole of an estate has its permitted development rights removed when planning permission was granted.

Not that unusual. The estate of 35 houses that I live on, built in the late 70s, had PDR removed for all dwellings as part of the planning.

Thank you for all your replies. The photo on my original post was just an example of the type of outhouse my husband is building - our outhouse measurements are: Maximum height of 2.5m 3.8 x 2.58m (WxD) Photo of the actual outhouse below: https://ibb.co/XjyTjgd https://ibb.co/XjyTjgd As you can see...

Same area of land

viewtopic.php?t=21033

You can't claim adverse possession due to the simple fact that you already have a documented right of way over it.

You can't claim AP over land that you already have a right to be on.

Screech of brakes as a car turns INTO a side road? It's a one way street. I don't think fence/hedge height would play any part in that scenario.

And to be honest the restrictive covenant doesn't affect it. It is neither wireless nor television.

That covenant seems to point to preventing ham radio and television.

ps putting aside the breach, I don’t yet get what the issue is... Sounds as though this may be the issue As our rear fence runs across 3 other plots, visually it will look rather strange with 1/3 of the fence sticking out due to their high back fence. This is right in sight from the main rooms that...

You need to look at the reason WHY they are replacing oil fired systems with coal or electric before even considering the Equality Act side of things and reasonable adjustments. They wouldn't do this on a whim.

My thoughts. Even if you have a ROW across the front of the houses, it is a ROW to nowhere. From what has been posted, you do not have egress to the public road as there is no dropped kerb on the pavement. Would the council approve a dropped kerb? As without it, you, from a legal perspective, have n...