Change of usage to right of way

mr sheen
Posts: 2509
Joined: Fri Feb 27, 2009 2:33 pm

Re: Change of usage to right of way

Post by mr sheen » Wed Jun 12, 2019 2:11 pm

Wow this is getting extremely complicated. Seeking to simplify ....
You can 'seek' and 'insist' all you like but ultimately parties can come to a reasonable agreement or spend lots on legal costs and leave it up to a Judge and gamble with costs.
Your remedy if people have been using your land without your consent is to stop it continuing.

SmallWelshBarn
Posts: 56
Joined: Tue Nov 14, 2017 3:34 pm
Number of Posts per Page: 8
Number of topics per page: 8

Re: Change of usage to right of way

Post by SmallWelshBarn » Fri Oct 04, 2019 5:00 pm

I thought I should do am update. We had a case management hearing a few months back as the original particulars of claim needed to be amended to due to the various issues shown in my survey. The judge intimated that the parties should try ADR and if any party refuses then the refusal needs to be written down in a sealed envelop and opened at the end of the trial.
My neighbour has now changed solicitors who wrote suggesting ADR we wrote back with dates. Radio silence. They then suggested a site meeting. This went ahed what this has shown we are poles apart. They don't accept the professional survey we had done and served on them.
It was suggested that a jointly instructed survey is carried out each party recommending two surveyors then we agree on one. Boom they suggest one I had been looking at and agree on an instruction. We wast time any money on preparing a joint letter of instruction. We include all of the relevant title deed maps to be included including the historic maps.
" My client has made it clear they do not agree to the document being added.
I believe this document is also part of your reason behind the application on 21st of October.
As our client has been clear on this, the appointment of a joint expert will not be possible at this stage."

If they have nothing to fear and my assertions are wrong why fear the documents being used.
Documents are as follows
1. Mine and there current LR pans
2. The historic deed plans for my neighbour. This is what they don't agree to.

Thoughts ?
We have a case management hearing at the end of the month.

Collaborate
Posts: 1846
Joined: Mon Feb 23, 2015 9:17 am
Number of Posts per Page: 20
Number of topics per page: 20

Re: Change of usage to right of way

Post by Collaborate » Sat Oct 05, 2019 8:35 am

It should be up to the expert what weight they place upon the documents you send to them. They are trying to censor your evidence.

MacadamB53
Posts: 6707
Joined: Sun Dec 09, 2012 11:13 pm
Number of Posts per Page: 100
Number of topics per page: 50

Re: Change of usage to right of way

Post by MacadamB53 » Sat Oct 05, 2019 8:42 am

Collaborate wrote:
Sat Oct 05, 2019 8:35 am
It should be up to the expert what weight they place upon the documents you send to them. They are trying to censor your evidence.
+1

Post Reply