Search found 850 matches

by kipper
Thu Aug 29, 2013 11:54 pm
Forum: Fences
Topic: Erecting a Fence on Leashold Land
Replies: 3
Views: 1728

Re: Erecting a Fence on Leashold Land

You need to stop him accessing your garden as this will reset the time period required for a prescriptive claim. Placing a post or single fence panel to prevent use of the gate is a cheap start and then you can see what their next move is before shelling out for a fence at the other side of the gard...
by kipper
Thu Aug 29, 2013 5:55 pm
Forum: Rights of Way
Topic: Blocked Access
Replies: 26
Views: 6038

Re: Blocked Access

arsie wrote:Ah that's better I can see now :)

You still need to check re legal expenses cover but have you considered applying for adverse possession of the passage way land?
The requirements for adverse possession have not been met.
by kipper
Thu Aug 29, 2013 5:52 pm
Forum: Rights of Way
Topic: Blocked Access
Replies: 26
Views: 6038

Re: Blocked Access

It would appear from the diagram that: A has RoW over your land. You, A & B have RoW over the passage. C may have RoW over the passage. RoWs have to have a purpose therefore no one can cross your land that doesn't need to for normal reasonable enjoyment of a property. If there is nothing that explic...
by kipper
Thu Aug 29, 2013 12:46 pm
Forum: Walls
Topic: Retaining wall is deteriorating due to neighbours tree roots
Replies: 2
Views: 1865

Re: Retaining wall is deteriorating due to neighbours tree r

It is uncertain from the details you have provided, but It is unlikely that it is your responsibility to maintain this wall. What is certain is that the neighbour has a responsibility to prevent their land collapsing into your garden and further damage to the wall caused by their tree roots. With th...
by kipper
Wed Aug 28, 2013 12:45 pm
Forum: Boundaries
Topic: Neighbours are extending across boundary
Replies: 15
Views: 5213

Re: Neighbours are extending across boundary

Get an injunction to prevent the build until the location of the boundary is determined?
by kipper
Mon Aug 26, 2013 5:35 pm
Forum: General Topics
Topic: Damage to garden. Do I need a solicitor?
Replies: 26
Views: 5526

Re: Damage to garden. Do I need a solicitor?

3. If we get further damage, the CCTV that I've placed all round our garden should enable the police to bring a prosecution. But what actions for damages can I bring under civil law? I would suggest with all the history that you should push the police to act on the criminal damage and trespass alre...
by kipper
Mon Aug 26, 2013 1:13 pm
Forum: General Topics
Topic: Damage to garden. Do I need a solicitor?
Replies: 26
Views: 5526

Re: Damage to garden. Do I need a solicitor?

How could the OP prune the clematis to ensure there was none growing out onto the neighbour's side without trespassing? The fence has an open structure, so I can easily reach in. I don't need to stand in my neighbours' garden. You don't have to stand in your neighbours garden to be trespassing. Any...
by kipper
Mon Aug 26, 2013 1:02 am
Forum: General Topics
Topic: Damage to garden. Do I need a solicitor?
Replies: 26
Views: 5526

Re: Damage to garden. Do I need a solicitor?

I also think it is possible the neighbour did not come into the OP's garden but cut each stem they could see at the back of the hit-and-miss fencing palings affixed at the OP's side (although this would still be trespass as the boundary is the face of the palings affixed on the neighbours side).
by kipper
Mon Aug 26, 2013 12:50 am
Forum: General Topics
Topic: Damage to garden. Do I need a solicitor?
Replies: 26
Views: 5526

Re: Damage to garden. Do I need a solicitor?

How could the OP prune the clematis to ensure there was none growing out onto the neighbour's side without trespassing? My response really was in reference to Arsie's suggestion of a chicken wire fence. The neighbour obviously has a problem with the clematis growing on their side so the solution to ...
by kipper
Sun Aug 25, 2013 5:42 pm
Forum: General Topics
Topic: Damage to garden. Do I need a solicitor?
Replies: 26
Views: 5526

Re: Damage to garden. Do I need a solicitor?

Best solution would be to closeboard the fence in that area and attach trellis for the clematis to grow on, then nothing will grow through to the other side.
by kipper
Fri Aug 23, 2013 2:40 pm
Forum: Fences
Topic: Planning permission
Replies: 4
Views: 1560

Re: Planning permission

is it an open plan estate with permitted development rights removed for boundary features at the front of the properties? Or is the fence higher than permitted development rights? The letter from the planning dept should really tell you why the fence is in breach.
by kipper
Thu Aug 22, 2013 11:13 am
Forum: Rights of Way
Topic: Council want a monthly fee for garage access
Replies: 11
Views: 2135

Re: Council want a monthly fee for garage access

Yes, you would have to provide a statement of truth for your own use to cover the 25 year period. Have a look at the Land Registry Practice Guides for prescriptive easements and statements of truth. The statements provided with the deeds must meet the requirements in section 8 of Practice Guide 52. ...
by kipper
Wed Aug 21, 2013 3:24 pm
Forum: Rights of Way
Topic: Council want a monthly fee for garage access
Replies: 11
Views: 2135

Re: Council want a monthly fee for garage access

Are you in contact with the previous owners? Would they be willing to provide a statement of truth regarding the length of time they used the land as access to the garage without permission?
by kipper
Mon Aug 19, 2013 8:37 pm
Forum: Boundaries
Topic: My fence in the wrong place & moving it back
Replies: 6
Views: 1688

Re: My fence in the wrong place & moving it back

Brooking10 wrote:Surely he should have made sure where he was putting his shed was correct before steaming ahead.
Do you not find anything ironic about this statement?
by kipper
Mon Aug 19, 2013 8:54 am
Forum: Boundaries
Topic: My fence in the wrong place & moving it back
Replies: 6
Views: 1688

Re: My fence in the wrong place & moving it back

Why did you not rectify the fence as soon as you were aware it was incorrect? Why did the neighbour only recognise the problem after the shed was completed?