Search found 6983 matches

by andrew54
Sun May 12, 2013 4:06 pm
Forum: General Topics
Topic: Garden planning issues!
Replies: 5
Views: 1188

Re: Garden planning issues!

It's a bit difficult to prove that every square foot of a garden has actually been used as a garden for the past 10 years Surely "use as a garden" has to mean the enclosed area designated as a garden as a whole, not bits of it? Probably. But there are doubts when the whole garden is not enclosed at...
by andrew54
Sat May 11, 2013 10:36 am
Forum: General Topics
Topic: Garden planning issues!
Replies: 5
Views: 1188

Re: Garden planning issues!

The planners are not interested in what use the land had in 1895. They want evidence of use over the last ten years.
by andrew54
Thu May 09, 2013 4:22 pm
Forum: Rights of Way
Topic: Private Roadway
Replies: 11
Views: 2941

Re: Private Roadway

You might want to contact your local highway authority and serve a section 31 notice to prevent this becoming a public footpath. I think it costs nothing, and only has to be renewed every ten years.
by andrew54
Thu May 09, 2013 1:40 pm
Forum: Boundaries
Topic: unadopted pavement with subsidence
Replies: 11
Views: 2262

Re: unadopted pavement with subsidence

Hello andrew54 and thankyou for replying, I was thinking of fencing with that plastic stuff road works are usually fenced in by with 'danger' signs etc. Do you think this is a good idea? When you say if I fence it and nobody else claims it, I would get it - would this be by adverse possession? Does...
by andrew54
Wed May 08, 2013 4:51 pm
Forum: Fences
Topic: Seven year rule? Four year rule?
Replies: 4
Views: 1779

Re: Seven year rule? Four year rule?

It is 4 years. And it is not someone objecting within 4 years, but the council serving a notice within 4 years.
by andrew54
Wed May 08, 2013 4:48 pm
Forum: Boundaries
Topic: Orangery
Replies: 5
Views: 1115

Re: Orangery

It all depends on the wording of the agreement when you bought the land.
by andrew54
Tue May 07, 2013 5:28 pm
Forum: Boundaries
Topic: Extending my boundary onto grass verge
Replies: 12
Views: 26596

Re: Extending my boundary onto grass verge

But remember - if it is part of the Highway you buying the land does not change that. Is it part of the highway or not? This is nothing to do with ownership.
by andrew54
Tue May 07, 2013 11:31 am
Forum: Boundaries
Topic: unadopted pavement with subsidence
Replies: 11
Views: 2262

Re: unadopted pavement with subsidence

Often in situations like this it is unclear as to the status of this 'highway'. I suggest that you can close it off, and wait to see who claims they should be able to use it. Then ask them what evidence they have. If no-one objects to it being fenced off then if you own it, you can keep it fenced of...
by andrew54
Mon Apr 29, 2013 11:00 pm
Forum: Fences
Topic: Can anyone help??? Is there such a law?
Replies: 11
Views: 3321

Re: Can anyone help??? Is there such a law?

five hundred years of best practise counts for nothing nowadays.
by andrew54
Mon Apr 29, 2013 8:40 pm
Forum: Rights of Way
Topic: Running an business from a shared driveway
Replies: 11
Views: 4074

Re: Running an business from a shared driveway

dali72, I think you have a moral duty to report anything you know is being done wrongly. You don't really know about the tax situation, or the business rates, but you should report him to planning enforcement. He can always apply for permission, and if it was granted he would be doing nothing wrong.
by andrew54
Mon Apr 29, 2013 8:37 pm
Forum: Rights of Way
Topic: Running an business from a shared driveway
Replies: 11
Views: 4074

Re: Running an business from a shared driveway

If your neighbour is trading, I believe he should have both trade insurance for his vehicles, Only if he uses vehicles for trade. With all parts delivered these days he does not need motor traders insurance simply to drive his car to work every day. and a copy of his public liabilty insurance displ...
by andrew54
Mon Apr 29, 2013 8:32 pm
Forum: Rights of Way
Topic: Running an business from a shared driveway
Replies: 11
Views: 4074

Re: Running an business from a shared driveway

I do not think theres any legal way to prevent this excessive and probably illegal use of the ROW over the drive Of course there is a legal way, it's called an injunction. However, the OP has to be certain that the manner of use of the RoW contravenes the terms of the easement. The easiest and chea...
by andrew54
Mon Apr 29, 2013 8:19 pm
Forum: Rights of Way
Topic: Neighbours claim our moving of a fence infringes their RoW
Replies: 37
Views: 6977

Re: Neighbours claim our moving of a fence infringes their R

draki, in your first post you seem to say that vehicular rights are over the blue land. Then you want to fence off some of that land. I see the problem here being that you applying logic and common sense rather than complying with the right of way as indicated in blue. You can ignore the plans and p...
by andrew54
Sun Apr 07, 2013 12:22 pm
Forum: Boundaries
Topic: Boundaries, Neighbour New Fence and draining water in to our
Replies: 9
Views: 9241

Re: Boundaries, Neighbour New Fence and draining water in to

gts, let's try to think this through. Yes he is doing various things he should not do. But you have said he is not approachable and bullies his neighbours, so writing any letter to him is not going to do any good. Raising a dispute just makes it difficult for him to sell his house, so you would be s...
by andrew54
Tue Apr 02, 2013 9:32 pm
Forum: Rights of Way
Topic: ROW over neighbours land
Replies: 18
Views: 3502

Re: ROW over neighbours land

Unless the fact it was all ex council complicates the issue i suspect you already have a PRESCRIPTIVE ROW via use over 20 years ..... But if you cannot come up with EVIDENCE of this use then you will not get your right registered. And the use must be WITHOUT PERMISSION so evidence of that would be ...