Search found 2458 matches

by hzatph
Sun Feb 03, 2013 11:32 pm
Forum: Rights of Way
Topic: Dominant tenement 'blackmail'?
Replies: 7
Views: 2381

Re: Dominant tenement 'blackmail'?

Look up slander of title.
by hzatph
Tue Jan 22, 2013 7:26 pm
Forum: Boundaries
Topic: neighbour disputing boundary
Replies: 24
Views: 3477

Re: neighbour disputing boundary

After 3 years it is unlikely that they can force you to rebuild the garage - the time to act was ages ago when it was being built. At most they could perhaps claim the value of the 6 inches of garden (i.e. very little) but even then they would have to prove it was their land which would be very diff...
by hzatph
Mon Jan 21, 2013 2:38 pm
Forum: Boundaries
Topic: Downpipe from neighbours gutter on my land
Replies: 5
Views: 2770

Re: Downpipe from neighbours gutter on my land

span wrote:Nope, you're stuck with it.
Whilst this may be true in that it may be difficult to legally force them to move it keep talking and negotiating relentlessly towards what you want.
by hzatph
Sun Jan 20, 2013 5:01 pm
Forum: Walls
Topic: Problems with House wall acting as Boundary line
Replies: 18
Views: 6641

Re: Problems with House wall acting as Boundary line

I suggest you obtain legal advice from a land lawyer. Care to elaborate why? It's been established that there is no easement in either title deed. The OP has no need to incur expense consulting a solicitor. He is entitled to secure his property as discussed. If the neighbour wants to force the issu...
by hzatph
Sun Jan 20, 2013 5:00 pm
Forum: Rights of Way
Topic: Would Really Appreciate Advice on Right of Way & Extension
Replies: 27
Views: 3178

Re: Would Really Appreciate Advice on Right of Way & Extensi

Please don't expect the ROW issue to influence the planning outcome as it is not relevant. Equally, gaining planning does not override the ROW and give them rights to build regardless of it. They are quite separate issues.
by hzatph
Sun Jan 20, 2013 11:21 am
Forum: Rights of Way
Topic: Would Really Appreciate Advice on Right of Way & Extension
Replies: 27
Views: 3178

Re: Would Really Appreciate Advice on Right of Way & Extensi

Well done on your research. The others have it right. Your neighbour cannot move the ROW or install a different gate in your garden. They need your permission and that of others to move the right of way - all of you individually. State this in writing to them. If, and only if, you agree to changing ...
by hzatph
Fri Jan 18, 2013 12:46 pm
Forum: Boundaries
Topic: Boundary/access mixed issue
Replies: 6
Views: 1463

Re: Boundary/access mixed issue

Please remember too that there is no right to swing room - the LR plan defined not where the wheels run but the total area that they must remain within. There was a court case about this recently.
by hzatph
Thu Jan 17, 2013 12:02 am
Forum: Walls
Topic: Problems with House wall acting as Boundary line
Replies: 18
Views: 6641

Re: Problems with House wall acting as Boundary line

Stick with your original plans
by hzatph
Sat Jan 12, 2013 11:57 am
Forum: Fences
Topic: Neighbours fence -but he has been on my property
Replies: 513
Views: 41281

Re: Re:Window/boundary issue

Report him to the police for driving while banned ... tell them he says that the ban has been revoked. Let them decide if this is the case.
by hzatph
Fri Jan 11, 2013 1:29 pm
Forum: Fences
Topic: Fence - Covenants and Restrictions
Replies: 19
Views: 5828

Re: Fence - Covenants and Restrictions

How about a moat - as it is not erected it surely falls outside the scope of the covenant.
by hzatph
Fri Jan 11, 2013 1:25 pm
Forum: Fences
Topic: Neighbours fence -but he has been on my property
Replies: 513
Views: 41281

Re: Re:Window/boundary issue

Yvonne I would suggest that you have done all you can. Wait and see what happens, if they do the work and cause damage, then I suspect they will be in serious trouble and you will have a strong case against them. If they do the work and no damage is done to your home and you are not living there to...
by hzatph
Fri Jan 11, 2013 1:21 pm
Forum: Walls
Topic: Neighbour claims my back wall as hers
Replies: 95
Views: 28392

Re: Neighbour claims my back wall as hers

It is important to look at your land registry plans and hers to see what they say. Do not accept taking two feet of your garden lightly. You might consider CCTV to observe your rear boundary; see what your tenants think about that as they may not like it.

Do you have legal insurance?
by hzatph
Thu Jan 10, 2013 10:36 pm
Forum: Fences
Topic: Tricky Fence Storm Damage Dispute.
Replies: 28
Views: 5858

Re: Tricky Fence Storm Damage Dispute.

Ignore him entirely
by hzatph
Wed Jan 09, 2013 9:21 pm
Forum: Fences
Topic: Tricky Fence Storm Damage Dispute.
Replies: 28
Views: 5858

Re: Tricky Fence Storm Damage Dispute.

Storm damage is an act of god, so you are not legally responsible. Is that right in all cases? Direct damage from the storm is certainly an act of god but if the damage was a foreseeable consequence that a reasonable person would have prevented then that may be different. I would not bother with pl...
by hzatph
Wed Jan 09, 2013 6:52 am
Forum: Rights of Way
Topic: prescriptive easement
Replies: 7
Views: 1309

Re: prescriptive easement

Is it 4 years as per your other post? If so, they are out of luck.