Boundary fence

MacadamB53
Posts: 6244
Joined: Sun Dec 09, 2012 11:13 pm
Number of Posts per Page: 100
Number of topics per page: 50

Re: Boundary fence

Post by MacadamB53 » Mon Feb 19, 2018 8:39 pm

arborlad wrote:
MacadamB53 wrote:Hi Volumiza,

they have acquiesced to the alleged right of way for over one year now so they have nowhere to go with that.

you’re misinformed - lack of use for one year does not extinguish a right that has already been established.

kind regards, Mac


Where is your evidence that a Right of Way has been established?
Hi arborlad,

you’ve misunderstood the point - if an appropriate application is submitted to HMLR it won’t be dropped in the bin simply because the user has stopped of late for a year, and, ultimately, the application might then succeed.

only if the claim is made under The Prescription Act 1832 - which is not to be recommended here - will it get binned because one year has passed...

kind regards, Mac

arborlad
Posts: 7637
Joined: Sun Jul 09, 2006 6:30 pm
Location: Hertfordshire

Re: Boundary fence

Post by arborlad » Mon Feb 19, 2018 9:23 pm

MacadamB53 wrote:
you’ve misunderstood the point -



No, I've misunderstood nothing...............
arborlad

smile...it confuses people

MacadamB53
Posts: 6244
Joined: Sun Dec 09, 2012 11:13 pm
Number of Posts per Page: 100
Number of topics per page: 50

Re: Boundary fence

Post by MacadamB53 » Mon Feb 19, 2018 9:48 pm

arborlad wrote:
MacadamB53 wrote:
you’ve misunderstood the point -



No, I've misunderstood nothing...............
that’s good to know - thanks

Volumiza
Posts: 74
Joined: Thu Oct 19, 2017 9:15 am

Re: Boundary fence

Post by Volumiza » Tue Feb 20, 2018 8:47 am

MacadamB53 wrote:
arborlad wrote:
MacadamB53 wrote:Hi Volumiza,

they have acquiesced to the alleged right of way for over one year now so they have nowhere to go with that.

you’re misinformed - lack of use for one year does not extinguish a right that has already been established.

kind regards, Mac


Where is your evidence that a Right of Way has been established?
Hi arborlad,

you’ve misunderstood the point - if an appropriate application is submitted to HMLR it won’t be dropped in the bin simply because the user has stopped of late for a year, and, ultimately, the application might then succeed.

only if the claim is made under The Prescription Act 1832 - which is not to be recommended here - will it get binned because one year has passed...

kind regards, Mac
They tried to claim a prescriptive ROW last June and the HMLR threw it out. I have property alerts on our property and there has been no further such claim. our new fence we had to put up to stop them trespassing went up last January (2017). My understanding is that once they have acquiesced to the blockage for a year no further claims against my property can be made. Am I correct?

There has never been a documented ROW over that part of our garden. They already have a ROW over another part of our property, this is fine, we boughtthe house knowing this but they had tried to create a shortcut over another part of our land. Prescription was the only hope they had but unfortunately for them they couldn't prove 20 years without force, secrecy or permission. 8 of those years were with full permission from our vendors and 3 years during my initial time here was definately not without secrecy and force was used on multiple occasions.

arborlad
Posts: 7637
Joined: Sun Jul 09, 2006 6:30 pm
Location: Hertfordshire

Re: Boundary fence

Post by arborlad » Tue Feb 20, 2018 9:35 am

Volumiza wrote:It's been hard to know what to post Aborlad. I've tried to find some things out while attempting to remain as vague as possible. Sorry.


I recognise those difficulties, even more so if there is a potential for litigation. Now would be a good time to have all your threads merged, or at the very least place a link to this thread in your 'Chartered Surveyors' thread.
arborlad

smile...it confuses people

Volumiza
Posts: 74
Joined: Thu Oct 19, 2017 9:15 am

Re: Boundary fence

Post by Volumiza » Tue Feb 20, 2018 9:47 am

arborlad wrote:
Volumiza wrote:It's been hard to know what to post Aborlad. I've tried to find some things out while attempting to remain as vague as possible. Sorry.


I recognise those difficulties, even more so if there is a potential for litigation. Now would be a good time to have all your threads merged, or at the very least place a link to this thread in your 'Chartered Surveyors' thread.
Each of my threads concerns a different property Aborlad (albeit same neighbours). I am involved in dispute on my house with this thread and have problems with what is now my mothers house (chartered surveyors thread).

arborlad
Posts: 7637
Joined: Sun Jul 09, 2006 6:30 pm
Location: Hertfordshire

Re: Boundary fence

Post by arborlad » Tue Feb 20, 2018 1:42 pm

Volumiza wrote:
arborlad wrote:
Volumiza wrote:It's been hard to know what to post Aborlad. I've tried to find some things out while attempting to remain as vague as possible. Sorry.


I recognise those difficulties, even more so if there is a potential for litigation. Now would be a good time to have all your threads merged, or at the very least place a link to this thread in your 'Chartered Surveyors' thread.
Each of my threads concerns a different property Aborlad (albeit same neighbours). I am involved in dispute on my house with this thread and have problems with what is now my mothers house (chartered surveyors thread).



Ah - the plot thickens :)
arborlad

smile...it confuses people

Volumiza
Posts: 74
Joined: Thu Oct 19, 2017 9:15 am

Re: Boundary fence

Post by Volumiza » Tue Feb 20, 2018 2:03 pm

arborlad wrote:Ah - the plot thickens :)
Yes, it is a good one. Several life lessons have been learned this last two years.

a) Check your deeds / plans and preferably those of your neighbours very carefully prior to purchase
b) Rights of way and shared access? Run a mile
c) Don't try too hard to fit in and be nice to all neighbours thinking you're moving into a communal utopia where everyone looks out for you. They may end up mistaking you for a doormat.
d) Check deeds / plans again while at the property .... stop thinking about the nice beams and wooden floors
e) Consider a new build
f) Check deeds and plan again with a glass of wine ... new perspective.
g) Sleep on it, then check deeds and plans once more over breakfast.

Post Reply