Search found 850 matches

by kipper
Mon Sep 02, 2013 5:36 pm
Forum: Trees
Topic: Returning/not returning trimmings to neighbour
Replies: 136
Views: 60344

Re: Returning/not returning trimmings to neighbour

You are welcome to come and see for yourself before making a presumption. I base my responses on the facts presented. If the situation is not described correctly that is when misunderstandings occur. I have had this situation with a neighbours apple tree next to our garden which was not cut back at...
by kipper
Mon Sep 02, 2013 12:50 pm
Forum: Trees
Topic: Returning/not returning trimmings to neighbour
Replies: 136
Views: 60344

Re: Returning/not returning trimmings to neighbour

My own view is that the owners of trees with overhanging branches have a responsibility for nuisance caused by their trees (messy apples over ones lawn) and should not even leave it to the neighbour to remove the overhang. Strictly under the trespass tort the tree branches are no less tresspass to ...
by kipper
Sun Sep 01, 2013 2:12 pm
Forum: General Topics
Topic: Neighbour's windows looking, and opening, onto our garden
Replies: 10
Views: 6528

Re: Neighbour's windows looking, and opening, onto our garde

Unless the type of window has changed since built, but even then rights may have been acquired for it to open over your airspace, depending on how long it has been like that.
by kipper
Sun Sep 01, 2013 1:51 pm
Forum: Rights of Way
Topic: Neighbour Is Claiming We Have No ROW
Replies: 13
Views: 4364

Re: Neighbour Is Claiming We Have No ROW

The other thing that strikes me as strange is, if your neighbour who is trying to claim there is no ROW was living there back over 20 years ago and has lived there continuously ever since, why does their deed have an update date of 2009? Would this imply they had the deed changed in some way? If so...
by kipper
Sun Sep 01, 2013 1:25 pm
Forum: Boundaries
Topic: Neighbor Wants To Rebuild Party Fence Wall
Replies: 7
Views: 2757

Re: Neighbor Wants To Rebuild Party Fence Wall

He cannot build it exactly where it was without your permission as it was a party fence wall that stood partly on your land. Why kipper Where you have a party fence wall both land owners are legally entitled to maintain and rebuild that party fence wall if necessary . The right is so much more than...
by kipper
Sat Aug 31, 2013 5:32 pm
Forum: Rights of Way
Topic: Blocked Access
Replies: 26
Views: 5956

Re: Blocked Access

You would need probably a solicitor's warning letter to property C and then an injunction if that had no effect on them. You can sue for damages at the same time as applying for the injunction. Talk to A & B and suggest a joint action. Most solicitors give 15 minutes free advice or if you, A or B ha...
by kipper
Sat Aug 31, 2013 5:18 pm
Forum: Boundaries
Topic: Neighbor Wants To Rebuild Party Fence Wall
Replies: 7
Views: 2757

Re: Neighbor Wants To Rebuild Party Fence Wall

He cannot build it exactly where it was without your permission as it was a party fence wall that stood partly on your land. He can however build a wall on his own land abutting the boundary. He will need no planning permission if it meets permitted development criteria regarding height but would le...
by kipper
Sat Aug 31, 2013 11:45 am
Forum: Rights of Way
Topic: Neighbour Is Claiming We Have No ROW
Replies: 13
Views: 4364

Re: Neighbour Is Claiming We Have No ROW

I don't know what the contents of your note or what they intend to build were but I believe you need to formally notify them that you object to them building over the RoW so they could not claim estoppel.

What is the previous case from 1989-91?
by kipper
Sat Aug 31, 2013 11:36 am
Forum: Rights of Way
Topic: Blocked Access
Replies: 26
Views: 5956

Re: Blocked Access

I would advise to see a conveyancer or solicitor specialising in land law, who will be able to get all the available information from land registry and give better informed answers your questions. We can only really speculate based on the information presented.
by kipper
Fri Aug 30, 2013 1:07 pm
Forum: Boundaries
Topic: Fence erected on our land
Replies: 4
Views: 969

Re: Fence erected on our land

Not condoning what they have done but, to be fair, you didn't do any research either. Always err on the side of caution - their actions over the hedge trimming should have been a warning. You will have to get tough with them now.
by kipper
Fri Aug 30, 2013 12:57 pm
Forum: Fences
Topic: Is this fence still ours ?
Replies: 3
Views: 1770

Re: Is this fence still ours ?

Personally, I wouldn't replace an established boundary fence with a hedge, as the former delineates the boundary much more precisely. Could you not just plant your conifers in front of the fence? It would help to stop them growing into your neighbours air space (assuming you intend to keep the heig...
by kipper
Fri Aug 30, 2013 12:50 pm
Forum: Rights of Way
Topic: Blocked Access
Replies: 26
Views: 5956

Re: Blocked Access

I shall be as succinct as i like and leave the waffle to others.
by kipper
Fri Aug 30, 2013 12:12 am
Forum: Rights of Way
Topic: Blocked Access
Replies: 26
Views: 5956

Re: Blocked Access

I would think if the OP has been using the land as his own and squatting on it with his bins and has no explicit right of way himself he can apply? The OP hasn't been using the land as his own and excluding others. Maybe not but he can still claim? We are trying to help the OP here not put him down...
by kipper
Fri Aug 30, 2013 12:08 am
Forum: Rights of Way
Topic: Blocked Access
Replies: 26
Views: 5956

Re: Blocked Access

So, looking at the first post I did, it mentions property C on property A's deeds. ?! Property C is mentioned on property A deeds only once for which it says the following: ''It is hereby agreed and declared as follows: a) That the walls and fences dividing the property hereby conveyed from the adj...
by kipper
Thu Aug 29, 2013 11:57 pm
Forum: Rights of Way
Topic: Blocked Access
Replies: 26
Views: 5956

Re: Blocked Access

arsie wrote: I would think if the OP has been using the land as his own and squatting on it with his bins and has no explicit right of way himself he can apply?
The OP hasn't been using the land as his own and excluding others.