Right of way and boundary issues
Discussion
Jeremy-75qq8 said:
I had to investigate rights of way ( including legal advise ) for some commercial units I have. I am pretty sure that the rights do not expire due to lack of use.
Correct. They can be extinguished but to do so requires the applicant to demonstrate that the purpose for the right no longer exists and that the beneficiaries have agreed to it being extinguished. Richard-D said:
James6112 said:
WyrleyD said:
James6112 said:
Come in Equius for sound advice!
\Equus doesn't live here anymore....
The one person respected by all.
A great loss.
Knowledgeable person with relevant expertise helpfully provides advice.
People mostly appreciate this (some act like arse as it's the internet).
Knowledgeable person gains some sort of status.
Status goes to his head.
Starts acting obnoxiously, can no longer post without causing an argument.
Knowledgeable person leaves in a strop.
A shame as always, happens every time though.
You either stand up as Equuus does or learn to not get involved and let the idiots chat away. It’s a shame but it is the way it is.
Mind you I don’t think this is his bag anyway. You’ve had some (expensive) suggestions from Blue, and I would suggest checking home contents insurance for legal cover.
surveyor said:
Knowledgeable chap gets fed up win idiots dismissing and.arguing with his advice.
You either stand up as Equuus does or learn to not get involved and let the idiots chat away. It’s a shame but it is the way it is.
Mind you I don’t think this is his bag anyway. You’ve had some (expensive) suggestions from Blue, and I would suggest checking home contents insurance for legal cover.
Unfortunately due to the nature of the work I do on land, it’s always high end solicitors You either stand up as Equuus does or learn to not get involved and let the idiots chat away. It’s a shame but it is the way it is.
Mind you I don’t think this is his bag anyway. You’ve had some (expensive) suggestions from Blue, and I would suggest checking home contents insurance for legal cover.
blueg33 said:
surveyor said:
Knowledgeable chap gets fed up win idiots dismissing and.arguing with his advice.
You either stand up as Equuus does or learn to not get involved and let the idiots chat away. It’s a shame but it is the way it is.
Mind you I don’t think this is his bag anyway. You’ve had some (expensive) suggestions from Blue, and I would suggest checking home contents insurance for legal cover.
Unfortunately due to the nature of the work I do on land, it’s always high end solicitors You either stand up as Equuus does or learn to not get involved and let the idiots chat away. It’s a shame but it is the way it is.
Mind you I don’t think this is his bag anyway. You’ve had some (expensive) suggestions from Blue, and I would suggest checking home contents insurance for legal cover.
surveyor said:
blueg33 said:
surveyor said:
Knowledgeable chap gets fed up win idiots dismissing and.arguing with his advice.
You either stand up as Equuus does or learn to not get involved and let the idiots chat away. It’s a shame but it is the way it is.
Mind you I don’t think this is his bag anyway. You’ve had some (expensive) suggestions from Blue, and I would suggest checking home contents insurance for legal cover.
Unfortunately due to the nature of the work I do on land, it’s always high end solicitors You either stand up as Equuus does or learn to not get involved and let the idiots chat away. It’s a shame but it is the way it is.
Mind you I don’t think this is his bag anyway. You’ve had some (expensive) suggestions from Blue, and I would suggest checking home contents insurance for legal cover.
I wish I could help the op, with a recommendation, but maybe one of those firms would have a junior who could deal with it.
Firstly I would like to thank you kind gentleman taking the time on Sunday to respond to my plea of help.
Said she’d has grown in time, now I am unable to use right of way.
Since said neighbour has acquired neighbouring property he has combined the gardens. Even if we look on google maps it shows the right of way which has only recent been combined into one garden.
At the fronts of our property we have generous drives, his drive way finish goes over the right of way. I don’t have a problem with that. I just want access and he is not amicable and to be frank having an open dialogue with him will be of no use.
I just want the right of way open he doesn’t own the land because on the land registry it shows it’s not his land. Shows my boundary and his boundary he has as much right to land in question as I do.
I would really appreciate recommendations for decent firm. I work in construction myself albeit not the land side.
Once again thank you for your replies
If anyone has details of EQuus I would appreciate a dm.
Have a good evening gents!
Said she’d has grown in time, now I am unable to use right of way.
Since said neighbour has acquired neighbouring property he has combined the gardens. Even if we look on google maps it shows the right of way which has only recent been combined into one garden.
At the fronts of our property we have generous drives, his drive way finish goes over the right of way. I don’t have a problem with that. I just want access and he is not amicable and to be frank having an open dialogue with him will be of no use.
I just want the right of way open he doesn’t own the land because on the land registry it shows it’s not his land. Shows my boundary and his boundary he has as much right to land in question as I do.
I would really appreciate recommendations for decent firm. I work in construction myself albeit not the land side.
Once again thank you for your replies
If anyone has details of EQuus I would appreciate a dm.
Have a good evening gents!
Property rights disputes bankrupt people, far cheaper to just be a pain in the arse until the other guy gives up. Walk through his garden, you have the right and he can't stop you.
blueg33 said:
Op. You need a lawyer, Equus isn’t a lawyer. He is a very good technical person.
This! I used him for some plan ing stuff but he isn't a legal bod. You have been given the info you need on here. Yes it's going to cost anywhere from £2-£5k to know where you stand what you can do and how your going to do it! You will need a lawyer most likely.
In the short term you need to send the title plan, with the easement wording to the neighbour and set out clearly that he doesn't have a right. Moreover that if needed you will seek legal assistance to obtain a court order forcing him to do so.
A lawyer will seek to confirm substantial interference. You're not going to get that due to the amount of time you haven't been concerned. Put simply it hasn't affected you, not having the access. This said, it still can't be forcibly 'removed' by him.
Now, you're simply annoyed he's land grabbing and also restricting your access over your easement.
I, right now am in a BIG dispute over similar. I've just forced one of our BIG home builders to re-submit a planning app on a large site ( 90-120 homes ) by pointing out to them (and the planning officers) what they cannot do with regard an easement.
Hence why in the current moment I happen to know a bit about it.
In the short term you need to send the title plan, with the easement wording to the neighbour and set out clearly that he doesn't have a right. Moreover that if needed you will seek legal assistance to obtain a court order forcing him to do so.
A lawyer will seek to confirm substantial interference. You're not going to get that due to the amount of time you haven't been concerned. Put simply it hasn't affected you, not having the access. This said, it still can't be forcibly 'removed' by him.
Now, you're simply annoyed he's land grabbing and also restricting your access over your easement.
I, right now am in a BIG dispute over similar. I've just forced one of our BIG home builders to re-submit a planning app on a large site ( 90-120 homes ) by pointing out to them (and the planning officers) what they cannot do with regard an easement.
Hence why in the current moment I happen to know a bit about it.
hidetheelephants said:
Property rights disputes bankrupt people, far cheaper to just be a pain in the arse until the other guy gives up. Walk through his garden, you have the right and he can't stop you.
I agree with the first part, but not the last. The guy has padlocked the gate and actions such as cutting the lock off will likely escalate matters, perhaps in a direction the OP doesn’t want to go. The costs of legal involvement can get very significant very quickly. A non-responsive counterparty will cost you money, a difficult one (especially of they have deep pockets and/or really go to town on who they appoint) can really cause the costs to escalate at an astonishing rate. If you end up needing barristers involved then the costs can really start adding up.
The OP would be well advised to think carefully about what he’s going to do if an initial letter doesn’t get him the outcome he wants, especially if the rights in question are useful rather than essential.
LooneyTunes said:
I agree with the first part, but not the last. The guy has padlocked the gate and actions such as cutting the lock off will likely escalate matters, perhaps in a direction the OP doesn’t want to go.
You're the only one raising criminal damage; I suggested passive resistance by using a ladder to get over the obstacles placed in the ROW. On my reading up..(and unfortunately I've done a lot).
You can give notice that if the impediment isn't dealt with you'll remove it yourself.
There no way on earth you'll get away with an 'emergency'. Hence the notice.
Generally you need to consider what is 'reasonable'. Having read hundreds of papers and judgements on these issues there appears no 'black'n'white' logic or ruling. Nor guidance.
In this instance, assuming you launch a proper opening salvo of facts, wording and plans I'd give him a month. Just be damn sure of your facts.
Then, you could take physical action to remove the restriction.
It would be up to him to counter sue, or sue you for what you've done. Just so long as you are sure you've got the land registry entry absolutely nailed down then he won't have a case.
You can give notice that if the impediment isn't dealt with you'll remove it yourself.
There no way on earth you'll get away with an 'emergency'. Hence the notice.
Generally you need to consider what is 'reasonable'. Having read hundreds of papers and judgements on these issues there appears no 'black'n'white' logic or ruling. Nor guidance.
In this instance, assuming you launch a proper opening salvo of facts, wording and plans I'd give him a month. Just be damn sure of your facts.
Then, you could take physical action to remove the restriction.
It would be up to him to counter sue, or sue you for what you've done. Just so long as you are sure you've got the land registry entry absolutely nailed down then he won't have a case.
LuckyThirteen said:
On my reading up..(and unfortunately I've done a lot).
You can give notice that if the impediment isn't dealt with you'll remove it yourself.
There no way on earth you'll get away with an 'emergency'. Hence the notice.
Generally you need to consider what is 'reasonable'. Having read hundreds of papers and judgements on these issues there appears no 'black'n'white' logic or ruling. Nor guidance.
In this instance, assuming you launch a proper opening salvo of facts, wording and plans I'd give him a month. Just be damn sure of your facts.
Then, you could take physical action to remove the restriction.
It would be up to him to counter sue, or sue you for what you've done. Just so long as you are sure you've got the land registry entry absolutely nailed down then he won't have a case.
That sounds like an excellent plan with the obvious caveats.You can give notice that if the impediment isn't dealt with you'll remove it yourself.
There no way on earth you'll get away with an 'emergency'. Hence the notice.
Generally you need to consider what is 'reasonable'. Having read hundreds of papers and judgements on these issues there appears no 'black'n'white' logic or ruling. Nor guidance.
In this instance, assuming you launch a proper opening salvo of facts, wording and plans I'd give him a month. Just be damn sure of your facts.
Then, you could take physical action to remove the restriction.
It would be up to him to counter sue, or sue you for what you've done. Just so long as you are sure you've got the land registry entry absolutely nailed down then he won't have a case.
Try www.ignition.law - small firm that is staffed by former City lawyers mostly, working part time. Still not bargain basement but much cheaper than the others recommended on here.
https://ignition.law/property-disputes/
https://ignition.law/property-disputes/
blueg33 said:
If the op cuts off the padlock and replaces it with an identical one and gives the neighbour the spare key, is that criminal damage? What is the neighbour's loss? Is loss even relevant? I don't know much about criminal law.
It's probably fine from a legal perspective, but unlikely to go down well with the OP's neighbour.Generally best to try to take the heat out of these sorts of situations rather than risk things getting further out of hand.
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