Search found 869 matches

by syckend
Tue Feb 10, 2009 12:29 pm
Forum: Rights of Way
Topic: Poorly maintained right of way
Replies: 74
Views: 10963

Do some research :- You have an express grant so as grantee you are entitled not merely to repair but also to improve the way in order to get to your property. Have a look at the Bailli website and search these cases so that you can quote them at your bullying neighbour. Gerrard v Cooke [1806] (when...
by syckend
Mon Feb 09, 2009 12:14 pm
Forum: Rights of Way
Topic: Commandeered PRoW
Replies: 57
Views: 13265

Re ancillary use I think after you've read the resume by Jonathan Small QC I think you might conclude that your NFH would be able to use the ROW for the new house. But of course he is still not entitled to block of your ROW. And another thought - you need to find a case that deals directly with the ...
by syckend
Mon Feb 09, 2009 12:06 pm
Forum: Rights of Way
Topic: Commandeered PRoW
Replies: 57
Views: 13265

http://209.85.229.132/search?q=cache:wX48YC6_1-UJ:www.pla.org.uk/__data/assets/word_doc/0020/48602/Can_the_developer_use_the_right_of_way_-_Jonathan_Small_QC.doc+Macepark+(Whittlebury)+Ltd+vs+Sargeant+2003&hl=en&ct=clnk&cd=10&gl=uk Hello Anthony The Macepark case is very interesting. I don't know wh...
by syckend
Sun Feb 08, 2009 8:32 am
Forum: Rights of Way
Topic: Diversion of public right of way
Replies: 7
Views: 1334

Public and private rights of way can co-exist. Just because a route is no longer a public ROW [because it has been diverted ] that doesn't mean the private ROW is diverted too. If a private ROW is shown in your deeds then you can pass and repass along that route according to the wording in your deeds.
by syckend
Thu Feb 05, 2009 11:09 pm
Forum: Fences
Topic: Neighbours have added trellis to our wall!
Replies: 1
Views: 1049

If the wall is yours tell them to take it down: no arguments! - they cannot attach anything to your wall or drill into it.
by syckend
Wed Feb 04, 2009 5:17 pm
Forum: Boundaries
Topic: Boundary Issue with Adjoining Neighbour
Replies: 9
Views: 2607

If the fence is on your land and you are paying for it, your neighbour can do nothing to it eg paint his side, attach plants or anything to it or make any claim to it. You are taking photos to safeguard your position in the future so that is good. Your neighbour will probably take the other fence do...
by syckend
Wed Feb 04, 2009 2:44 pm
Forum: Boundaries
Topic: A decision to make
Replies: 41
Views: 6615

I agree with andrew54 10cm is nothing but don't allow any oversail re eaves or gutters. And definitely do NOT give acces to your drains. Saniflo is a good idea and the way for him to go.
by syckend
Mon Feb 02, 2009 5:54 pm
Forum: Fences
Topic: Wrongly errected Fence
Replies: 38
Views: 6574

Barbara49 So sorry you're having all this trouble. As regards photos, I signed on to the photobucket website http://photobucket.com/ [it's free!] - uploaded photos, then in the garden law post clicked img which showed in the text as [img]I%20then%20clicked%20the%20relevant%20photo%20in%20photobucket...
by syckend
Sat Jan 31, 2009 9:04 pm
Forum: Fences
Topic: Wrongly errected Fence
Replies: 38
Views: 6574

Barbara I thnk we all now realise what has happened and concluded that your contractor did erect the fence he thought he had agreed with you - ie the fence height is above the height of the wall and the posts have been put into the ground in front of your wall. That's the only place they could go. T...
by syckend
Wed Jan 28, 2009 12:21 pm
Forum: Fences
Topic: Wrongly errected Fence
Replies: 38
Views: 6574

Barbara as long as you inform your neighbour in writing by recorded delivery that although a fence has been erected in error on your side of the stone wall you still assert ownership and maintenance of the stone wall - which is on your land and defines the boundary. That said you need to get the fen...
by syckend
Wed Jan 28, 2009 11:54 am
Forum: Rights of Way
Topic: neighbours window cleaners
Replies: 28
Views: 5876

pea you are going to have to fall out with your neighbour over this - and over the tree damaging your fence at the back. However you need to deal directly with window cleaner. Tell him he has no right to go across your roof, he is tresspassing, you accept no responsibility for any accidents and you ...
by syckend
Mon Jan 26, 2009 10:53 pm
Forum: Rights of Way
Topic: neighbours window cleaners
Replies: 28
Views: 5876

Tell the window cleaner to keep off your roof.
by syckend
Fri Jan 23, 2009 10:04 am
Forum: Rights of Way
Topic: Commandeered PRoW
Replies: 57
Views: 13265

When was that photo taken Anthony? And what happened after the arrest? Did it go to the magistrates court? In situations like this when a neighbour is causing a breach of the peace by blocking a ROW with a fence, then it might be a good idea to go down to the local nick [armed with relevant deeds, m...
by syckend
Mon Jan 19, 2009 2:35 pm
Forum: Rights of Way
Topic: Commandeered PRoW
Replies: 57
Views: 13265

Anthony I don't now have the time or energy I once had to do the research you need. But you can do it and locate the legal precedents that show quite clearly that the old and new neighbours cannot block off and take over your ROW . Kevin Gray's book 'Elements of Land Law' published by Butterworths i...
by syckend
Mon Jan 19, 2009 11:28 am
Forum: Rights of Way
Topic: Private R.O.W.
Replies: 170
Views: 42319

horse from what you say these folk have not been able to establish that they have a ROW across your land - you have given them PERMISSION to cross and provided there is no legally binding GRANT you can withdraw that permission and gate off your property. Re the latest incident, you say that indivdua...