Query re sale of land with row

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stufe35
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Re: Query re sale of land with row

Post by stufe35 » Mon Apr 07, 2014 12:50 pm

Ah MAC,

I used the word 'user' to try to prevent confusion though it seems i failed !.

So often a thread will start with the statement "i own a right of way......blah blah blah."

This always leaves me confused....does it mean :-
1. I own a track with a ROW on it.
2. I own a ROW across someone elses track.

MacadamB53
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Re: Query re sale of land with row

Post by MacadamB53 » Mon Apr 07, 2014 1:20 pm

Hi stu,

I know what you mean about ambiguously phrased postings - I always ask for clarification or suggest a clearer alternative.
(I'm acutely aware this has lead to me being thought of as a 'nitpicker' by some members of the forum - :( )

Kind regards, Mac

stufe35
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Re: Query re sale of land with row

Post by stufe35 » Mon Apr 07, 2014 10:54 pm

MacadamB53 wrote: (I'm acutely aware this has lead to me being thought of as a 'nitpicker' by some members of the forum - :( )

Kind regards, Mac
Not me though mac, no definitely not me, never have I had such thoughts......not even one tiny bit ! :lol:

Cheers. (And keep up the good work). Stu

MacadamB53
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Re: Query re sale of land with row

Post by MacadamB53 » Mon Apr 07, 2014 11:00 pm

Hi stu,

I believe you 8)

(keep up the good work yourself)

Chuffed regards, Mac

Scrambler
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Re: Query re sale of land with row

Post by Scrambler » Mon Apr 07, 2014 11:11 pm

Annie, found this on the other thread which is currently live. Think he just gave you notice out of politeness.

Unsurprisingly the law about construction and repair of rights of way granted as easements has been
settled for some centuries. The following propositions (all of which, in principle, are subject to any
contrary agreement) were not controversial:-
(1) A grantor of a right of way ("the servient owner") is under no obligation to construct the
way;
(2) The grantee may enter the grantor's land for the purpose of making the grant of the right of
way effective viz to construct a way which is suitable for the right granted to him ("the
dominant owner"); see Newcomen v Coulson (1887) 5 ChD 133, 143 per Jessel MR;

ukmicky
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Re: Query re sale of land with row

Post by ukmicky » Mon Apr 07, 2014 11:14 pm

MacadamB53 wrote:Hi stu,

I know what you mean about ambiguously phrased postings - I always ask for clarification or suggest a clearer alternative.
(I'm acutely aware this has lead to me being thought of as a 'nitpicker' by some members of the forum - :( )

Kind regards, Mac
not me either


Nothing wrong with picking nits ,nasty little things.
Any information provided is not legal advice and you are advised to gain a professional opinion

ukmicky
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Re: Query re sale of land with row

Post by ukmicky » Mon Apr 07, 2014 11:21 pm

Scrambler wrote:Annie, found this on the other thread which is currently live. Think he just gave you notice out of politeness.

Unsurprisingly the law about construction and repair of rights of way granted as easements has been
settled for some centuries. The following propositions (all of which, in principle, are subject to any
contrary agreement) were not controversial:-
(1) A grantor of a right of way ("the servient owner") is under no obligation to construct the
way;
(2) The grantee may enter the grantor's land for the purpose of making the grant of the right of
way effective viz to construct a way which is suitable for the right granted to him ("the
dominant owner"); see Newcomen v Coulson (1887) 5 ChD 133, 143 per Jessel MR;
Whilst all easements are deemed to be granted it does depend on how the easement come about as to what can be done.

For instance a prescriptive easement over a mud track will remain a mud track but an express easement granted over the same mud track can on ocassions allow the dominant tennament to improve to modern standards at the time of granting unless expressly forbidden at the time of granting.

Basically for the OP you are allowed to return it to its previous state ,if the way was lined with stone then the OP has the right to repair and reline with stone
Any information provided is not legal advice and you are advised to gain a professional opinion

MacadamB53
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Re: Query re sale of land with row

Post by MacadamB53 » Mon Apr 07, 2014 11:53 pm

ukmicky wrote:
MacadamB53 wrote:Hi stu,

I know what you mean about ambiguously phrased postings - I always ask for clarification or suggest a clearer alternative.
(I'm acutely aware this has lead to me being thought of as a 'nitpicker' by some members of the forum - :( )

Kind regards, Mac
not me either


Nothing wrong with picking nits ,nasty little things.
:D

annie08
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Re: Query re sale of land with row

Post by annie08 » Tue Apr 08, 2014 4:33 pm

[quote="MacadamB53"][quote="ukmicky"][quote="MacadamB53"]Hi stu,

(I'm acutely aware this has lead to me being thought of as a 'nitpicker' by some members of the forum



A very polite nitpicker Mac! Politeness that is refreshing in our modern world in which insults and abuse are deemed acceptable by those who are unable to respect the right of other folk to have a different opinion from their own. Part of the reason I so appreciate Garden Law.

COGGY
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Re: Query re sale of land with row

Post by COGGY » Tue Apr 08, 2014 10:13 pm

Annie said

A very polite nitpicker Mac! Politeness that is refreshing in our modern world in which insults and abuse are deemed acceptable by those who are unable to respect the right of other folk to have a different opinion from their own. Part of the reason I so appreciate Garden Law.
Seconded

Regards
Coggy

Anon
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Re: Query re sale of land with row

Post by Anon » Sun May 04, 2014 5:12 am


ukmicky
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Re: Query re sale of land with row

Post by ukmicky » Sun May 04, 2014 5:52 pm

Anon wrote:
This thread hasn't mentioned the perpetuity rules which may be relevant, and are mentioned here;

http://www.crippslink.com/index.php?opt ... Itemid=537

http://www.bsdr.com/abolition-of-the-ru ... tions.aspx

http://uk.practicallaw.com/1-385-9229#a427190


>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>
Section 162 Law of Property Act 1925 / Restrictions on the perpetuity rule


(1)For removing doubts, it is hereby declared that the rule of law relating to perpetuities does not apply and shall be deemed never to have applied

(a)To any power to distrain on or to take possession of land or the income thereof given by way of indemnity against a rent, whether charged upon or payable in respect of any part of that land or not; or .
(b)To any rentcharge created only as an indemnity against another rentcharge, although the indemnity rentcharge may only arise or become payable on breach of a condition or stipulation; or .
(c)To any power, whether exercisable on breach of a condition or stipulation or not, to retain or withhold payment of any instalment of a rentcharge as an indemnity against another rentcharge; or .
(d)To any grant, exception, or reservation of any right of entry on, or user of, the surface of land or of any easements, rights, or privileges over or under land for the purpose of— .

This section applies to instruments coming into operation before or after the commencement of this Act. .

>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>


I cannot confess to being an expert on the perpetuities rules and have not really researched any case law regarding the rule.

I do however know of Section 162 Law of Property Act 1925 and going strictly by the above wording the perpetuity rule will not cover this situation.

However the wording of the Act is never the end of the story and can only be used as general guidance as you need to look for any case law which has come about due to the Act as the courts will have at some time looked at the wording and restricted its use so it will not cover all situations.

As i havent researched the subject i have to leave it as that and advise if you feel the perpetuities rules could cover this topic ,look up any case law on Section 162 Law of Property Act 1925
Any information provided is not legal advice and you are advised to gain a professional opinion

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