Search found 169 matches

by annie08
Thu Oct 04, 2018 1:03 pm
Forum: Boundaries
Topic: Neighbour appropriated some of my garden
Replies: 191
Views: 14716

Re: Neighbour appropriated some of my garden

Oh heck. I was expecting less confrontational suggestions. I do regular inspections but they don't include expeditions into the undergrowth in the garden to check for encroachment on the boundaries. Am photographing the title deeds tomorrow and think I will send him a copy along with a photograph fr...
by annie08
Wed Oct 03, 2018 3:20 pm
Forum: Boundaries
Topic: Neighbour appropriated some of my garden
Replies: 191
Views: 14716

Neighbour appropriated some of my garden

I have a tenanted property which I have visited today as a tree in one corner at the back of the garden had come down in the recent high winds. The tree and other foliage had concealed the fact that when the property owner backing onto my property had replaced the fence last year he has encroached b...
by annie08
Mon Oct 16, 2017 6:11 pm
Forum: Rights of Way
Topic: Obstructing my right of way outside of the right of way
Replies: 185
Views: 25232

Re: Obstructing my right of way outside of the right of way

Hi Mac. Opinions do vary and who knows what a judge may decide but it may be worth the OP raising it with his legal advisors at least. I think common sense and what is reasonable plays a part in a judicial decision if the law allows.
by annie08
Mon Oct 16, 2017 6:01 pm
Forum: Rights of Way
Topic: Obstructing my right of way outside of the right of way
Replies: 185
Views: 25232

Re: Obstructing my right of way outside of the right of way

Yes. His original intention was to grant the ROW so his intention and actions since then are not in the spirit of the ROW. That's how our QC interpreted it in our case anyway. We wouldn't have been able to prevent the owner of the ROW using the piece of land in front of it. Happily the planners prev...
by annie08
Sun Oct 15, 2017 7:32 pm
Forum: Rights of Way
Topic: Obstructing my right of way outside of the right of way
Replies: 185
Views: 25232

Re: Obstructing my right of way outside of the right of way

Perhaps my story might give the OP some hope. A few years ago my neighbour who owns a ROW over our driveway said he intended to exercise his right.There is a stone wall at the top of the ROW on the boundary which prevented him from ever having used it but he intended to demolish it. As he was not la...
by annie08
Fri Sep 29, 2017 5:15 pm
Forum: General Topics
Topic: Wayleave agreement for allowing neighbour access
Replies: 3
Views: 1289

Re: Wayleave agreement for allowing neighbour access

Thanks for your replies. Nothing resolved as yet because they now say it will be some time before they need to put scaffolding up on our drive. However we have another issue. They have erected scaffolding either side of the rear stone boundary wall in order to raise it. At the right hand corner our ...
by annie08
Sat Aug 26, 2017 11:59 am
Forum: General Topics
Topic: Wayleave agreement for allowing neighbour access
Replies: 3
Views: 1289

Wayleave agreement for allowing neighbour access

A property next door is being refurbished by a developer. It is a stone built property and our driveway is adjacent to their gable end. To repoint it they need to erect scaffolding on our drive for four weeks. Although we will still be able use the drive we will not be able to shut and lock our farm...
by annie08
Fri Nov 18, 2016 12:00 am
Forum: Boundaries
Topic: Developers application to reduce height of party wall
Replies: 34
Views: 5722

Re: Developers application to reduce height of party wall

Apologies Mac for not responding for so long. Thanks for your opinion. Construction work is due to start early next year on the site. I've previously asked for advice on two of the three boundary walls and a Party Wall Award has been made in respect of works to be carried out. Re the remaining bound...
by annie08
Wed Sep 14, 2016 4:03 pm
Forum: Rights of Way
Topic: Interpretation of conveyance
Replies: 2
Views: 861

Re: Interpretation of conveyance

Wasn't sure but I didn't want to waste people's time by trawling through pages of resolved issues. I tried to include all salient points in my new topic.
by annie08
Wed Sep 14, 2016 3:31 pm
Forum: Rights of Way
Topic: Proposed agricultural use of private row
Replies: 12
Views: 5399

Re: Proposed agricultural use of private row

What a coincidence! Yes I did last post 11 years ago Mac and have just come back now and posted an issue about a drain under the row. Spooky!

The tree is staying but will have to be pruned for which the new owners have permission from the LA.
by annie08
Wed Sep 14, 2016 3:27 pm
Forum: Rights of Way
Topic: Interpretation of conveyance
Replies: 2
Views: 861

Interpretation of conveyance

Hi - I posted some years ago re a row that runs across our property. It was a lengthy thread and every issue raised then has been resolved hence my new thread. The ownership of the row has passed to developers who are constructing a house behind ours. They have a right to break through the boundary ...
by annie08
Sat Mar 05, 2016 9:48 pm
Forum: Boundaries
Topic: Safe wall height?
Replies: 56
Views: 7044

Re: Safe wall height?

Thanks collaborate - yes I have read up on the PWA. Ahead of the planning committee meeting at which my husband has speaking rights I wanted to clarify whether the report should have mentioned the need to remove healthy branches. I have just checked his report though and although he didn't spell it ...
by annie08
Sat Mar 05, 2016 8:32 pm
Forum: Boundaries
Topic: Safe wall height?
Replies: 56
Views: 7044

Re: Safe wall height?

Because of time constraints (council's description) the Landscape Officer did not carry out a site visit. She made a desk based assessment that the intended work is acceptable based on the inaccurate tree survey submitted by the developer. He didn't come onto to our land to measure the tree, just es...
by annie08
Mon Feb 29, 2016 12:12 pm
Forum: General Topics
Topic: Vendor lied to purchaser of flat
Replies: 32
Views: 4492

Re: Vendor lied to purchaser of flat

Sorry Mac - no there was no agreement and my husband has never used it. The freehold does not give him any rights over it. Thanks. Annie
by annie08
Mon Feb 29, 2016 10:10 am
Forum: General Topics
Topic: Vendor lied to purchaser of flat
Replies: 32
Views: 4492

Re: Vendor lied to purchaser of flat

None Mac. The triangle is owned by the shop owner next door to my husbands shop. Annie