Stabbed in the Head by NFH over Blocked ROW

Re: Stabbed in the Head by NFH over Blocked ROW

Postby desperate drof63 » Mon Dec 18, 2017 7:57 pm

Title Plan Enlarged.jpg
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Re: Stabbed in the Head by NFH over Blocked ROW

Postby desperate drof63 » Mon Dec 18, 2017 8:31 pm

Managed to finally attach a schematic of the Title Plan of No.71 dated 1974. This is an actual enlarged scan showing the shaded area of the attached land to No.71, forming the Passageway RoW - the shaded area is essentially blocked at each end with the locked and bolted gates - I've added the numbers for clarity. The owner of No.75 has installed the gates for some unknown reason but has informed No.71 this is correct. No. 71 claims the land for himself excluding all others presumably, but specifically me at 63. My Title Map at 63 is the same, and you can see that my garden, along with a few others, is longer than the rest by the width of the alley, about 1m, probably a yard in old money. This Plan denotes what is in situ on the ground currently. The alley was also blocked at No.67 for 3 years but has been removed recently by me

Can anyone tell me how this does NOT show my easement RoW please ?????

other plan dated 1952 copied here for comparison & reference...
plan schematic.jpg
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Re: Stabbed in the Head by NFH over Blocked ROW

Postby MacadamB53 » Mon Dec 18, 2017 9:42 pm

Hi desperate drof63,

your property undoubtedly comes with a RoW over the passage between the houses numbered 71 and 73 - the maps would be considered as supporting evidence.

btw, looking at the layout it could be that No 57-63 enclosed parts of a single continuous back alley at some point in the past.

kind regards, Mac
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Re: Stabbed in the Head by NFH over Blocked ROW

Postby desperate drof63 » Mon Dec 18, 2017 11:50 pm

I don't think so. I can find no evidence of 57 to 63 have an historical alley there. In fact its to the contrary - the old Map from 1952 (yellow colouring) shows a passage bisecting the plots and this pattern is echoed elsewhere in the Estate. No.s61, 59 & 57 descending were developed in 1905 by a Mr.Fred Winkley - No.s63 & 65 ascending were built later by the same in 1908 and the two terraces were sold to separate purchasers. This info is shown in our Deeds along with other little gems of gen such as...;

No obstruction shall be placed thereon (the plots or ways) and in the event of any obstruction being placed the Vendors their assigns agents workmen or any owner of any plot on the Estate may remove the same without notice and without being held responsible for the safe keeping thereof or for any damage occasioned"
"Nothing shall be done or permitted to be done on any of the said Plots which might grow to be a nuisance or annoyance to the Vendors... or to the neighbouring property... or which may tend to depreciate the value of the rest of the Estate or any part thereof.

I think I agree Mac that I certainly have a RoW but I also think that I have the 'power', the right to lawfully remove those pesky gates (AGAIN!!) as I did the fencing at No.67

What say you ?
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