Commandeered Private Right of Way

Anthony Westoby
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Commandeered Right of Way

Post by Anthony Westoby » Sat Jan 07, 2006 11:39 am

Puzzled, Beech, I hear you, but you must realise our early efforts were 'shanghied' by a user (new) in the group whom I shall refer to as 'Judas' who was paid to fit surveillance cameras.

Beech, the world nowadays is full of consters but my Sol. comes very,very, highly recommended, one MUST have faith.

I am a practical man, a tradesman used to serving people who have put their lives and the needs of their families, in my hands, as an Electrical Contractor I am not a Lawman, only a Layman trying to assert his rights, I won't say any more about my neighbours other than they are good, hard working people not loaded with cash just trying to hang on to what they are fully justified in claiming, as am I.

Puzzled ------- The trouble is, THEY also can remember Buddy Holly and perp knows this only too well and has been suggesting to all and sundry that we are, in fact, better off, with our RoW shut off! Get outof the way, perp, we'll do the 'shutting off' thank you!

So what do we take him to court for, I ask myself? Conspiracy? Destruction of Property? Conspiring to waste Police Time? Slander? Libel?
Failure to Conform with his Appeal Conditons? (2 counts there) GBH?
What?------ You tell me.

One thing he'll never be done for is 'failing to take an opportunity to Bully' if there was such a thing.

Beech
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Post by Beech » Sat Jan 07, 2006 12:29 pm

Cancel my earlier comment, I've read other posts you've made now. That'll teach me to write comments at some silly hour in the morning! :oops:

I think you'd be very lucky to pay only for an injunction, especially if your neighbour is determined and has a bottomless pocket. Have you been pointed towards the RICS dispute resolution service yet?
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Anthony Westoby
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Post by Anthony Westoby » Sat Jan 07, 2006 4:33 pm

No probs there, Beech, only too pleased to have your input, we're all human, that's why they put rubbers on pencils tha knows!

Pockets, No idea how deep perps are! You see, Beech, there's more than one person involved on that side, all I know is that this guy wants HIS pockets sowing up.

Then again HE doesn't know how deep mine are either!

One thing Ive learned in this life to be an absolute truth and that is that things are NEVER exactly as they seem, you could say, people in big houses shouldn't throw stones or make ripples either, unless of course they are getting a kick from it all!

What is RICS? TonyW.

Beech
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Post by Beech » Sat Jan 07, 2006 6:35 pm

Pencils with rubbers seem a better option than trying to edit a post and leaving everybody wondering what it used to say!!
Anthony Westoby wrote:What is RICS?
Royal Institue of Chartered Surveyors.

This page of the site may make interesting reading for you The RICS Dispute Resolution Service
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Anthony Westoby
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Commandeered Right of Way

Post by Anthony Westoby » Sat Jan 07, 2006 8:13 pm

Beech, thankyou, I have had two surveyors working on this job here, both are fully qualified and have the ARICS letters after their name. In your expeience do you think that a group of Laymen should harken to people with qualifications like these?
TonyW.

Beech
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Re: Commandeered Right of Way

Post by Beech » Sun Jan 08, 2006 1:13 pm

Anthony Westoby wrote:In your expeience do you think that a group of Laymen should harken to people with qualifications like these?
If their qualifications and area of expertise are relevant to your problem, yes, because they could also be 'expert witnesses' in a court.

If you google +"boundary disputes" +"expert witness" you'll find out some more.
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Anthony Westoby
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Commandeered Private RoW

Post by Anthony Westoby » Sun Jan 08, 2006 1:29 pm

Beech --- You're a Star, that didn't occur to me, my trouble is I've been so sidetracked with the COST of all this, I've been unable to see wood for trees.

This absolutely superb advice, especially in our case, here, because, as I said to Syc. on one of his, "I have done things by instinct" and your advice is 'bang on' ---- very encouraging, because I've ONLY JUST had my recent survey done ----- and I went to a lot of trouble to find the SAME chap who did my conveyancing survey, originally.

Tempus Fugit ---------- His FATHER, did my house here, -------- by the time I had bought my 'Property' his Father had retired, so he sent his SON
and this chap's still in business here, with a very reputable City Concern, so I re - engaged him.

I would like to think, B, that perhaps we're doing a good job for others, too, on this Forum.

Thanks again ---------------- TonyW.

Anthony Westoby
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Post by Anthony Westoby » Sun Jan 08, 2006 3:15 pm

Beech, Yes , thankyou, very good advice, have done that, but what are 'NIADS'?
TonyW.

Beech
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Post by Beech » Sun Jan 08, 2006 8:34 pm

Niads? Either they're wood nymphs or it's the National Internet Accessibility Database ... I think!

I think it's listed here as an abbreviation, and mentioned somewhere here

It's likely you will need to employ a joint expert to satisfy the court, if you decide to go down that route. They will survey the land mark, features on their plan and then overlay title/filed plans ~ which rarely match. Where they are discrepancies there is room for negotiation.
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Conveyancer
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Post by Conveyancer » Sun Jan 08, 2006 9:00 pm

A few points:

Just because his planning permission was granted on the basis that he had access over the ten foot does not mean that the planning permission granted him the right. Planning law and real property (land) law are entirely separate.

The terms in which your right was granted are clear. No adjoining owner can take the right away from you. Since the right is clear and the land over which it is exercised not in doubt I cannot see the need to bring in experts.

Only the person who owns the ten foot (who is no doubt unknown) has the right to erect a gate on it.

If the ten foot is also used by members of the public (that is apart from owners whose properties back onto it) it is probably also a public right of way, in which case no one has the right to block it off.

Although the outcome of litigation is never certain, I can see no reason why your solicitor should not make an immediate application to the court for an injunction.

syckend
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Post by syckend » Sun Jan 08, 2006 9:05 pm

Couldn't agree more. An injunction is the way to go.
I advise as an experienced layman whose dispute via Courts lasted 5+yrs. Try to avoid this route©

Anthony Westoby
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Commandeered Private Right of Way

Post by Anthony Westoby » Mon Jan 09, 2006 12:32 am

Thanks, B,C,S,

Conveyancer, Re: your first Para.My Sol. sent a letter to this exact effect, yonks ago, 'cos I suspected perp was trying to use the terms of his Appeal Conditions, regarding enclosure to 'Stop up' our Right of Way.

Also asking him to remove his Obstruction.

2nd. Para. Yes to the first sentence, Yes to the second, OK to the third one
(The very frustrated people at the LR say "We repeat, Mr. Westoby, your RoW is there for you to use!")
I have written and asked if they would send a rep. to Court and they ALSO ask WHY??

3rd. Para. Perp most definitely and positively OWNS the land that the Tenfootway, up to the cross trees (where he has positioned his gate)
Unfortunately, (for him) his gate pier is on the RoW, So are the trees that he's planted.

4th. Para. The remainder of our RoW (to the main Road) is of Concrete and was re - surfaced in Circa 1966. We, the users, contributed towards this re - surfacing. (The Council can't find the records but we have two.) (The Council used a Contractor as this part of the way is Private too, as indeed are ALL the backroads here.(Which we ALL cross, every day)

Have you any idea why he is telling the whole of the Western Hemisphere
that our RoW is now closed, (Legally)

How long does it have to remain 'Stopped up' without him providing us with a key ---- for this fact to be of use to him?

Anthony Westoby
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Commandeered Private Right of Way

Post by Anthony Westoby » Mon Jan 09, 2006 12:40 am

Syc,

Your endorsement is gladly noted, I will await any further posts here and then do as you say.

I must, of course, speak to the others and show them all the posts and then I will speak to Sol. once again, who will no doubt say "What have I been saying --- get him in Court, make HIM answer the questions, not you!"

Conveyancer
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Re: Commandeered Private Right of Way

Post by Conveyancer » Mon Jan 09, 2006 2:04 am

Anthony Westoby wrote:I have written and asked if they would send a rep. to Court and they ALSO ask WHY??
That is not part of the Land Registry's job. It is unnecessary anyway. Section 67(1) of the Land Registration Act 2002 provides:

An official copy of, or of a part of (a) the register of title, (b) any document which is referred to in the register of title and kept by the registrar … is admissible in evidence to the same extent as the original.

That is all you need to prove the existence of the right of way.

Anthony Westoby
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Post by Anthony Westoby » Mon Jan 09, 2006 11:00 am

Thanks for that, Conv!

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