Search found 1918 matches

by arsie
Tue Jan 12, 2016 10:37 am
Forum: Trees
Topic: TPO ON Large tree in Small Garden
Replies: 43
Views: 12452

Re: TPO ON Large tree in Small Garden

+1 contact your tree officer to discuss maintenance of the tree. Our neighbour's old ash used to drop some debris in gales so a general prune might be in order as well as the 3m trim. Ask the neighbours who are also affected - they might share the costs. Depending what the tree officer says, I would...
by arsie
Sun Jan 10, 2016 3:17 pm
Forum: Rights of Way
Topic: Can granted right of way be widened by prescriptive claim?
Replies: 39
Views: 7170

Re: Can granted right of way be widened by prescriptive clai

Quite so but they struggle if there's a car parked (brick wall at road edge opposite!) in < 9ft gap which is about the same as the OP's track is. Any corners would need some 'swing over' space ...
by arsie
Sun Jan 10, 2016 11:31 am
Forum: Rights of Way
Topic: Can granted right of way be widened by prescriptive claim?
Replies: 39
Views: 7170

Re: Can granted right of way be widened by prescriptive clai

If the ROW was expressed to be of a certain width then the famed cannot extend that width by wanting to use wider vehicles. Either he can prove regular use over 20 years or he can't. Either way, it's for the farmer to prove it. I agree. The onus of proof is on the farmer e.g. to argue that crop rot...
by arsie
Sun Jan 10, 2016 10:39 am
Forum: Rights of Way
Topic: cost of obtaining a VEHICULAR Right Of Way along back alley
Replies: 18
Views: 2581

Re: cost of obtaining a VEHICULAR Right Of Way along back al

Further to what Mac points out, if the alley was for access to council garage(s) you could argue their was/still is a right of vehicular access (although not if it was a granted permission to use.) Do you know/can you find out details of the council garage agreements? Are they still in use? Parking ...
by arsie
Sat Jan 09, 2016 10:13 am
Forum: Trees
Topic: TPO ON Large tree in Small Garden
Replies: 43
Views: 12452

Re: TPO ON Large tree in Small Garden

While waiting, here is a nice gin cocktail recipe: 4 fl oz gin; 4 fl oz curacao (triple sec); 8 fl oz orange with mango juice; half a fresh lemon and half a fresh lime juiced up. Shake up with a bunch of ice cubes. Drink quickly before the ice melts completely to dilute the experience ... Actually w...
by arsie
Sat Jan 09, 2016 10:01 am
Forum: Hedges
Topic: tree surgeon leaves a mess in neighbours garden
Replies: 13
Views: 4119

Re: tree surgeon leaves a mess in neighbours garden

........add on about 3 ton of leaves ......... Nothing your friend can do about those - but you knew that. For the remainder, obtain two or three quotes for the removal and disposal of the hedge arisings and send one to the hedge owner, if no response, wait a couple of weeks and repeat, if still no...
by arsie
Sat Jan 09, 2016 9:52 am
Forum: Rights of Way
Topic: Cost of using Access to Neighbouring Land Act
Replies: 4
Views: 1970

Re: Cost of using Access to Neighbouring Land Act

+1 more. You would need to show evidence that you have tried all alternative ways to gain access and overcome any objections and also that your desired maintenance is necessary to preserve your property and not for new extensions etc, which works are *not* covered by the Act. Secondly if the work wo...
by arsie
Sat Jan 09, 2016 9:35 am
Forum: Rights of Way
Topic: cost of obtaining a VEHICULAR Right Of Way along back alley
Replies: 18
Views: 2581

Re: cost of obtaining a VEHICULAR Right Of Way along back al

For five bins I doubt that manoeuvring the truck is worth the time and effort, especially if it is a narrow alley of what 5 x 5 yards = 25 yards total, assuming a terrace of houses. These guys are on a strict timed contract. Our local operatives would do the alley right quick: two guys shifting two ...
by arsie
Tue Dec 29, 2015 10:53 pm
Forum: Trees
Topic: TPO ON Large tree in Small Garden
Replies: 43
Views: 12452

Re: TPO ON Large tree in Small Garden

A couple of anecdotes which may have some relevance. 1) My father in law's neighbour (same village) has an ash tree on water board land shading his veg garden. After years of lobbying, he persuaded the council to agree to crown lifting, as some limbs stretched out over the road and there is a minimu...
by arsie
Mon Dec 28, 2015 12:09 am
Forum: Rights of Way
Topic: Can granted right of way be widened by prescriptive claim?
Replies: 39
Views: 7170

Re: Can granted right of way be widened by prescriptive clai

More amateurs like me venturing opinions and ideas- what's 'an expressed right to swing a machine'? Perhaps in cloud cuckoo land the OP and the farmer can reach a deal but that will cost £thousands to make legal/binding. Get legal advice; write a letter; put up a fence. Wait and see what the farmer ...
by arsie
Sun Dec 27, 2015 10:46 am
Forum: Rights of Way
Topic: Can granted right of way be widened by prescriptive claim?
Replies: 39
Views: 7170

Re: Can granted right of way be widened by prescriptive clai

So now we start on ways to challenge what we are told the farmer is using ... this is us amateurs playing legal advisers. Dangerous to rely upon - the OP should read the warning given on the tin :!: Mac's is asking if the farmer meets the 'continuous' requirement for an easement by prescriptive use?...
by arsie
Sat Dec 26, 2015 11:07 pm
Forum: Rights of Way
Topic: Can granted right of way be widened by prescriptive claim?
Replies: 39
Views: 7170

Re: Can granted right of way be widened by prescriptive clai

If the OP wants to put a fence on the boundary of his property, for whatever reason, and the dominant user of a right of way across land adjacent to his property tells him that he may not, I would say the onus of proof is on the dominant user (farmer). Regulations are quite clear as to how high a fe...
by arsie
Sat Dec 26, 2015 4:26 pm
Forum: Rights of Way
Topic: Can granted right of way be widened by prescriptive claim?
Replies: 39
Views: 7170

Re: Can granted right of way be widened by prescriptive clai

As you rightly say stufe35, the dates of the easements differ however if you read the small print of the case that ukmicky linked, the judges said that 'swing round' for however long it occurred is a trespass. The notion that 'swing round' could 'sterilise' part of someone else's land was dismissed....
by arsie
Fri Dec 25, 2015 8:25 pm
Forum: Rights of Way
Topic: Can granted right of way be widened by prescriptive claim?
Replies: 39
Views: 7170

Re: Can granted right of way be widened by prescriptive clai

As I read the case that ukmicky linked to, the appeal judges all agreed that you may not widen a right of way. However long it has been going on, there is no case for wider/longer vehicles or 'swing' room being a means of, quite simply, acquiring any of another's land bordering on a right of way. Th...
by arsie
Thu Dec 03, 2015 1:46 am
Forum: Boundaries
Topic: Boundary dispute
Replies: 131
Views: 10878

Re: Boundary dispute

sorry to hear this cleo5 all I can suggest is, be strong. Explain the facts to the LR via the due process from your standpoint and try to be simply factual. Do let your anger out on here though: everyone needs to vent. But, to quote an old Yorkshire saying, "Don't get mad, get even". Few people are ...