Councils , rivers and roads

Morgan Sweet
Posts: 360
Joined: Sat Jan 03, 2015 7:47 pm

Re: Councils , rivers and roads

Post by Morgan Sweet »

Where is the link please Lance?
lance
Posts: 35
Joined: Wed May 27, 2020 2:26 pm

Re: Councils , rivers and roads

Post by lance »

span wrote: Thu Jul 30, 2020 6:32 pm
lance wrote: Thu Jul 30, 2020 6:10 pm
span wrote: Thu Jul 30, 2020 11:41 am What link? I see no link. Where's the link?
Did you read all my posts or just that one where I mentioned the links within the link I gave.
Read every post in this thread and the only one I could find was one by Collaborate. Couldn't find any links at all posted by you.

Post the link again willya? Or quote your post containing it.
Cheers, ta. Appreciate it.
Not easy to find but worth a read - Search Results
Web results

Highway Risk and Liability Claims - UK Roads Liaison Group, copy this and paste.
span
Posts: 1723
Joined: Sat Nov 06, 2010 1:34 am

Re: Councils , rivers and roads

Post by span »

lance wrote: Fri Jul 31, 2020 9:04 am
span wrote: Thu Jul 30, 2020 6:32 pm
lance wrote: Thu Jul 30, 2020 6:10 pm

Did you read all my posts or just that one where I mentioned the links within the link I gave.
Read every post in this thread and the only one I could find was one by Collaborate. Couldn't find any links at all posted by you.

Post the link again willya? Or quote your post containing it.
Cheers, ta. Appreciate it.
Not easy to find but worth a read - Search Results
Web results

Highway Risk and Liability Claims - UK Roads Liaison Group, copy this and paste.
Ah. I see. Search parameters, not a link.

Well, I did that and good old Google returned hundreds of links. Which one in particular should we be looking at?
cleo5
Posts: 452
Joined: Mon May 18, 2015 12:33 pm

Re: Councils , rivers and roads

Post by cleo5 »

See www.gov.uk/guidance/owning-a-watercourse
And
This site explaining Riparian rights.

tallents.co.Uk/riparian - rights- what-you-need-to-know/
Sorry cannot copy an paste on my tablet.

If your property boundary includes a river or stream or watercours then you usually own to the middle of the river or stream and are responsible for maintaining the bank on your side.

These rights are known as Riparian rights.

It would seem that the cause of your river wall damage , from the survey you had, is the newly , incorrectly constructed road surface nearby which is avfected your building and your river wall.

So: one might conclude lack of care in resurfacing road has caused this problem and the roads dept of the district council should be informed of the surveyors report and be asked what compensation they, courtesy of local taxpayers, will pay to remedy the damage.

The council wwill then either deny it, call their own surveyor to disprove your surveyors report and then the whole matter goes to court at greater expense than the cost of your river bank repair

As ,in all things ,it is always " buyer beware".
You have to read the contract all through and then read it again and ask about anything that is unfamiliar.
Most of us just glance through and of sign.

Your solicitor was not to know the road would affect your property or that the head of road repairs was either ignorant , failed to supervise resurfacing or cut corners to save costs.

You can obtain copies of title deeds of former sales of your property from the Land Registry site and see if riparian rights are mentioned
There is a charge for this. So much per page!

Buying a property near/ on a busy road or with a river bank can be problematic.
But the problems only show up after you live in it..
ukmicky
Posts: 5209
Joined: Sat Sep 27, 2008 10:13 pm
Number of Posts per Page: 20
Number of topics per page: 20
Location: London

Re: Councils , rivers and roads

Post by ukmicky »

ukmicky wrote: Sun Aug 02, 2020 2:06 am Department of transport : Transport and road research laboratory




Basically a study of road vibrations on buildings


https://trl.co.uk/sites/default/files/RR246.pdf


Page 28 conclusions page is a good read
There are actually quite a few studies on road vibrations and whether or not they can cause damage but I haven't found one yet helps you case.

I also looked but haven't found any cases that have gone to court due to road vibrations causing damage, but I will continue looking .

There also is another hurdle you may have to overcome in that the right to cause vibrations can be gained after 20 years
Any information provided is not legal advice and you are advised to gain a professional opinion
ukmicky
Posts: 5209
Joined: Sat Sep 27, 2008 10:13 pm
Number of Posts per Page: 20
Number of topics per page: 20
Location: London

Re: Councils , rivers and roads

Post by ukmicky »

There is a statutory scheme where compensation is paid due to loss of value through noise or vibration but i don't think your covered as it only for new or altered roads .

https://assets.publishing.service.gov.u ... let_v3.pdf
Any information provided is not legal advice and you are advised to gain a professional opinion
lance
Posts: 35
Joined: Wed May 27, 2020 2:26 pm

Re: Councils , rivers and roads

Post by lance »

cleo5 wrote: Sat Aug 01, 2020 7:47 pm See www.gov.uk/guidance/owning-a-watercourse
And
This site explaining Riparian rights.

tallents.co.Uk/riparian - rights- what-you-need-to-know/
Sorry cannot copy an paste on my tablet.

If your property boundary includes a river or stream or watercours then you usually own to the middle of the river or stream and are responsible for maintaining the bank on your side.

These rights are known as Riparian rights.

It would seem that the cause of your river wall damage , from the survey you had, is the newly , incorrectly constructed road surface nearby which is avfected your building and your river wall.

So: one might conclude lack of care in resurfacing road has caused this problem and the roads dept of the district council should be informed of the surveyors report and be asked what compensation they, courtesy of local taxpayers, will pay to remedy the damage.

The council wwill then either deny it, call their own surveyor to disprove your surveyors report and then the whole matter goes to court at greater expense than the cost of your river bank repair

As ,in all things ,it is always " buyer beware".
You have to read the contract all through and then read it again and ask about anything that is unfamiliar.
Most of us just glance through and of sign.

Your solicitor was not to know the road would affect your property or that the head of road repairs was either ignorant , failed to supervise resurfacing or cut corners to save costs.

You can obtain copies of title deeds of former sales of your property from the Land Registry site and see if riparian rights are mentioned
There is a charge for this. So much per page!

Buying a property near/ on a busy road or with a river bank can be problematic.
But the problems only show up after you live in it..
Buyer beware, what a load of tosh, buyer ( me) hired a solicitor because only a moron would buy a house without one. I have already been informed by another solicitor that my responsibilities for the river should have been flagged up in the £250 searches I paid for, how on earth am I supposed to know anything about a riparian.
cleo5
Posts: 452
Joined: Mon May 18, 2015 12:33 pm

Re: Councils , rivers and roads

Post by cleo5 »

Lance ,
I have never bought a house without a solicitor doing the conveyancing.

Did you have it privately surveyed before you bought it?
Often a sensible thing to do whether you buy having a mortgage or outright.

And I never knew about riparian rights either when I bought a house with a former mill stream as its eatern boundary.
But I dont have a wall holding the water in check.


Solicitors only do so much . Even the best ones.
It is only when a problem happens that other things come to light.

In your case why your solicitor to blame?
He / she is not responsible for what has happened.
The council is
It is the council you need to blame and poor road surfacing. They must put things right. In
How many other houses are affected in the same way or is yours the only one.?














.
ukmicky
Posts: 5209
Joined: Sat Sep 27, 2008 10:13 pm
Number of Posts per Page: 20
Number of topics per page: 20
Location: London

Re: Councils , rivers and roads

Post by ukmicky »

Buyer beware, what a load of tosh, buyer ( me) hired a solicitor because only a moron would buy a house without one. I have already been informed by another solicitor that my responsibilities for the river should have been flagged up in the £250 searches I paid for, how on earth am I supposed to know anything about a riparian.
In the normal survey you are not paying them to check your boundaries . As I said previously when the Conveyancing solicitors provides the search documents and copies of the Plan and register In the letter that accompanies it they will state Something along the lines of .

“Please check these documents Carefully as It is the buyer's responsibility to check the boundaries of the property and to find out who is responsible for maintaining what boundaries”

Unless you pay them extra and specifically ask them to look at your boundaries in more detail they do not gain copies of title registers and plans of surrounding property and even If you did they will still not make any decisions as to who is responsible for what boundaries, they will just provide you with the documents and give general advice .

They can’t go any further as it’s impossible for them to know for sure who is responsible for what boundaries . Even legal presumptions such as those on this thread can be rebutted with the right evidence and as they can never know what evidence the owner of a neighbouring plot of land May have they can’t make a determination as to who owns what . All they do is provide th3 title plan and register of the land they are dealing with and inform the prospective purchaser to do their own checks and you are meant to speak to the people you4 buying from to gain an understanding of exactly what your buying .

That’s how it works.

You may say but it’s a river and they should know about the presumption so should have informed you . However they don’t , just like they don’t with the hedge and ditch presumption, or you may own up to the middle of the road or the fact your neighbour may own the airspace above your property where his eves overhang Your land etc etc etc.

That’s just how it is,

Buyer beware.
Any information provided is not legal advice and you are advised to gain a professional opinion
alyson
Posts: 86
Joined: Tue Apr 29, 2014 1:43 pm
Number of Posts per Page: 10
Number of topics per page: 10
Location: Wales

Re: Councils , rivers and roads

Post by alyson »

It says check attached for boundaries and all that's attached is picture with boundary lines,nothing like “Please check these documents Carefully as It is the buyer's responsibility to check the boundaries of the property and to find out who is responsible for maintaining what boundaries”, as I said to you before I have had another solicitor take a look at my documents and he said I should have been made aware of the possibility of being a riparian. It's obvious to me none of you knucklehead wannabe solicitors read much past my last post. I can see why this site puts a warning out, as good as saying " beware lots of people on here are clueless"
[/quote]

If that's how you feel I suggest you go elsewhere with your questions and let the contributors of this forum spend their time and energy on more polite and deserving posters.
Collaborate
Posts: 2191
Joined: Mon Feb 23, 2015 9:17 am
Number of Posts per Page: 20
Number of topics per page: 20

Re: Councils , rivers and roads

Post by Collaborate »

alyson wrote: Wed Aug 05, 2020 10:27 am It says check attached for boundaries and all that's attached is picture with boundary lines,nothing like “Please check these documents Carefully as It is the buyer's responsibility to check the boundaries of the property and to find out who is responsible for maintaining what boundaries”, as I said to you before I have had another solicitor take a look at my documents and he said I should have been made aware of the possibility of being a riparian. It's obvious to me none of you knucklehead wannabe solicitors read much past my last post. I can see why this site puts a warning out, as good as saying " beware lots of people on here are clueless"
If that's how you feel I suggest you go elsewhere with your questions and let the contributors of this forum spend their time and energy on more polite and deserving posters.
[/quote]

I don't know why anyone still tries to answer his queries to be honest. He should be banned.
lance
Posts: 35
Joined: Wed May 27, 2020 2:26 pm

Re: Councils , rivers and roads

Post by lance »

Collaborate wrote: Wed Aug 05, 2020 10:32 am
alyson wrote: Wed Aug 05, 2020 10:27 am It says check attached for boundaries and all that's attached is picture with boundary lines,nothing like “Please check these documents Carefully as It is the buyer's responsibility to check the boundaries of the property and to find out who is responsible for maintaining what boundaries”, as I said to you before I have had another solicitor take a look at my documents and he said I should have been made aware of the possibility of being a riparian. It's obvious to me none of you knucklehead wannabe solicitors read much past my last post. I can see why this site puts a warning out, as good as saying " beware lots of people on here are clueless"
If that's how you feel I suggest you go elsewhere with your questions and let the contributors of this forum spend their time and energy on more polite and deserving posters.
I don't know why anyone still tries to answer his queries to be honest. He should be banned.
[/quote]
You do not have the required permissions to view the files attached to this post.
Collaborate
Posts: 2191
Joined: Mon Feb 23, 2015 9:17 am
Number of Posts per Page: 20
Number of topics per page: 20

Re: Councils , rivers and roads

Post by Collaborate »

I'm not sure I'm a snowflake Lance. I just think you're a tw@t.

Now maybe a mod might take an interest?
MacadamB53
Posts: 7232
Joined: Sun Dec 09, 2012 11:13 pm
Number of Posts per Page: 100
Number of topics per page: 50

Re: Councils , rivers and roads

Post by MacadamB53 »

Collaborate wrote: Wed Aug 19, 2020 7:17 pm I'm not sure I'm a snowflake Lance. I just think you're a tw@t.

Now maybe a mod might take an interest?
Hi Collaborate,
this forum doesn’t have Moderators like others might have - only Administrators.

kind regards, Mac
Collaborate
Posts: 2191
Joined: Mon Feb 23, 2015 9:17 am
Number of Posts per Page: 20
Number of topics per page: 20

Re: Councils , rivers and roads

Post by Collaborate »

That figures.
Post Reply