Search found 2991 matches

by pilman
Mon Mar 11, 2019 2:08 pm
Forum: Rights of Way
Topic: New fence obstructing vehicles
Replies: 26
Views: 1350

Re: New fence obstructing vehicles

Based on the satellite image posted there was no fence, so that a prescriptive easement that would have become a legal easement after 20 years use of a route would have meant that large vehicles cut across the unfenced area of land whilst turning to the right. That would now be the legal route of th...
by pilman
Mon Mar 11, 2019 1:26 pm
Forum: Rights of Way
Topic: neighbours want to build on shared drive
Replies: 54
Views: 3006

Re: neighbours want to build on shared drive

Question.-does ownership of the property carry a responsibility to contribute towards the cost of any jointly used services, such as maintenance of private road,shared driveway boundary or drain . - Answer; "unwritten agreement to share costs of maintaining shared drive". and it has been signed nex...
by pilman
Sat Jan 19, 2019 12:46 am
Forum: Rights of Way
Topic: Vehicular ROW dispute - claim of false deeds!
Replies: 199
Views: 8032

Re: Vehicular ROW dispute - claim of false deeds!

The two plans I uploaded are the title plans from land reg...is this the same as the TP1 forms you mention? Not necessarily, because Land Registry title plans use the current version of the Ordnance Survey plan at a scale of 1:1250 which is available at the time of registration, whereas a plan prov...
by pilman
Thu Dec 13, 2018 12:48 am
Forum: General Topics
Topic: Outhouse - Shared Ownership property
Replies: 18
Views: 1148

Re: Outhouse - Shared Ownership property

That would be a very unusual occurrence when the whole of an estate has its permitted development rights removed when planning permission was granted. It can probably be easily verified now that most planning authorities have a web-site that can be searched to see what conditions were imposed when a...
by pilman
Wed Dec 12, 2018 12:16 pm
Forum: General Topics
Topic: Outhouse - Shared Ownership property
Replies: 18
Views: 1148

Re: Outhouse - Shared Ownership property

There may be two title for this property, if the freehold title is still held by the developer and the leasehold title held by the Housing Association. That could be why there are separate restrictive covenants in play. One could be in the freehold title stating that no development can take place on...
by pilman
Fri Dec 07, 2018 6:58 pm
Forum: Rights of Way
Topic: Vehicular ROW dispute - claim of false deeds!
Replies: 199
Views: 8032

Re: Vehicular ROW dispute - claim of false deeds!

Although the plan used with the planning application may not prove what was transferred it would be useful to obtain a copy to establish what was intended once the development was complete. You seem to indicate that the old school was registered as a single title so that there was then a transfer of...
by pilman
Fri Dec 07, 2018 5:48 pm
Forum: Boundaries
Topic: This should be an interesting battle
Replies: 7
Views: 1029

Re: This should be an interesting battle

Plan 1 shows a straight line slanted boundary leading to a point which then turns up to the corner of the yellow rectangle and then a further seemingly straight line goes past the yellow rectangle to a point where it turns again. You say that is the deed plan for your land. The second map shows blac...
by pilman
Mon Nov 26, 2018 6:29 pm
Forum: General Topics
Topic: Restrictive Covenant
Replies: 19
Views: 1922

Re: Restrictive Covenant

Now move forward to the scenario when the house originally bought by the sitting tenant who took advantage of the Conservative Government's Housing Acts of 1980 and 1985 was sold after three years ownership when there was no longer any need to repay any part of the 60% discount that was part of the ...
by pilman
Mon Nov 26, 2018 6:07 pm
Forum: Rights of Way
Topic: Right of Way Issue
Replies: 23
Views: 1689

Re: Right of Way Issue

Now we are getting closer to a solution because it is now confirmed that husband and wife own each property. I won't ask about being tenants in common when someone owns 100%, because that is too mind boggling to contemplate. Surely that confirms that one person owns the whole property. However it is...
by pilman
Mon Nov 26, 2018 12:54 am
Forum: Rights of Way
Topic: Right of Way Issue
Replies: 23
Views: 1689

Re: Right of Way Issue

I own land on 2 separate titles - a house and attached land. Using "I" suggests that a single person owns both titles. We are mortgaging the land Using "we" suggests more than one person owns each title. I'd rather not have to name someone else on the title deeds if I can help it. Again an interpre...
by pilman
Mon Nov 26, 2018 12:26 am
Forum: General Topics
Topic: Restrictive Covenant
Replies: 19
Views: 1922

Re: Restrictive Covenant

Do you know where I can source the Braintree appeal case from?
YES!
by pilman
Wed Nov 21, 2018 11:07 pm
Forum: Rights of Way
Topic: Right of Way Issue
Replies: 23
Views: 1689

Re: Right of Way Issue

Unless you choose to make an application to Land Registry to have the details of the right of way removed from each of the registers of title the entries on the register will remain. They will only be removed following an application. In the event that a mortgagor in possession then attempted to sel...
by pilman
Mon Nov 05, 2018 5:55 pm
Forum: Rights of Way
Topic: Help with understanding deed language
Replies: 2
Views: 614

Re: Help with understanding deed language

It certainly does seem quite clear that the owner of 41 can use all of the land edged brown identified with the numbers 1 and 2 to access their land. What is not clear is how does 41 get across the area which has no number on it that seems to be between the areas numbered as 1 and 2. I suppose that ...
by pilman
Mon Nov 05, 2018 5:30 pm
Forum: General Topics
Topic: Restrictive Covenant
Replies: 19
Views: 1922

Re: Restrictive Covenant

Note this is through the realignment of an existing roadway by about 2m. What if you were to grant a right of way over the area of land in your possession for the benefit of the land to be developed. Can that part of the road constructed over your land provide access to a new garage located on a pa...
by pilman
Sat Oct 27, 2018 12:47 pm
Forum: Rights of Way
Topic: Neighbour, council dispute
Replies: 30
Views: 2049

Re: Neighbour, council dispute

The tenant of the neighbouring cannot claim a right of way over the house, nor can the freeholder. That is because the registered titles of the respective freehold properties did not include a burden on one and the appropriate benefit on the other. When the registered property was transferred to ab1...