Victorian terrace back passageway demolished in conservation area

arborlad
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Location: Hertfordshire

Re: Victorian terrace back passageway demolished in conservation area

Post by arborlad » Sat Jul 27, 2019 3:05 pm

mr sheen wrote:
Sat Jul 27, 2019 1:42 pm
maybenot wrote:
Thu Jul 25, 2019 8:37 pm
Victorian terrace back passageway demolished in conservation area – ROW issues
Two high walls – a passageway - were/was demolished in a conservation area without consent (some time ago – not sure exactly when – but prior to 2006)
Prior to 2006 = 13+ years ago



Thanks - perhaps Morgan Sweet was right :lol:
Morgan Sweet wrote:
Wed Jun 05, 2019 10:23 am
It is a pleasure to read the posts from Rosenberg since they are all written with a command of the English language. May I suggest some of the problems he is experiencing with one particular forum contributor is due to the latter's probable ability to read written English but inability to comprehend the written English language. This clear lack of comprehension leads to inaccurate assumptions.
arborlad

smile...it confuses people

arborlad
Posts: 8257
Joined: Sun Jul 09, 2006 6:30 pm
Location: Hertfordshire

Re: Victorian terrace back passageway demolished in conservation area

Post by arborlad » Sun Jul 28, 2019 8:01 am

maybenot wrote:
Fri Jul 26, 2019 1:17 pm
If the walls needed repairs then the deeds Indicate that the responsibility would have been between the owners of both of the lands adjacent to the wall....it looks like you can't locate one of them, and the other dismantled the wall. I think you should consider if you are wasting your time on that approach.
If the walls that were demolished needed repairs then all those houses mentioned in our deeds could, I would have thought, been called upon for a contribution to the cost. However, my question really was does the passage include the walls?! This would clear up the question as to whether the neighbours owned the walls or not. (They still should not have demolished them in a conservation area without consent, I think).

The neighbour dismantled both walls. (i) The wall that had originally been at the end of their garden, and (ii) the wall the other side of the passage that was the ‘boundary’ of the extra piece of land they purchased. By knocking down these two passageway walls they united all the land they owned. Our ROW is now through this united land where the ‘passage’ once was …

I'm not sure how necessary it is to know who owns/owned the walls? We are tackling this as a breach of planning control issue. I realise our chances are slim - but if we don't try we won't know.



Unless there is something we are unaware of, the neighbour owned both walls and the land they occupied. The walls will have originally been built to define and secure the land of its owner and to prevent trespass by anyone using the passage, not to give a sense of security to any of the users

As both of you have a legal right to use the land, neither of you can be the owners and your rights to use the land will be equal - along with any other legal users.

The rear access is a valuable property right and should be defended accordingly.

How wide was the passage and what was the surface before any works took place, any gates in the walls?..................what is the situation now?
arborlad

smile...it confuses people

mr sheen
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Re: Victorian terrace back passageway demolished in conservation area

Post by mr sheen » Sun Jul 28, 2019 10:12 am

OP has a right of way that has been acknowledged and is not subject to substantial interference. Ownership of the land is irrelevant to OP. Only the owner of the passage land is likely to be successful in any action.

maybenot
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Re: Victorian terrace back passageway demolished in conservation area

Post by maybenot » Mon Aug 12, 2019 2:38 pm

I said I would post an update.

We have had a response from the Enforcement Team. They apparently took legal advice and were told that consent was required for the demolition of walls in a conservation area and that this demolition was not immune from enforcement action.

However, the LA is not going to take any action because in their opinion the demolition took place such a 'long time ago'. This seems illogical to me because there are no time limits with regard to conservation areas .... Neither has the Enforcement Team followed the guidelines of their own enforcement policy as far as I can see.

Anyway thank you very much to all those who troubled to respond.

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