Conveyancing Questions

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Started by bjf02031986, 03-08-2019, 19:33 PM
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  • Established use right outside demised lease? Help
    Bengt Lagander
    We are looking at a 2 floor freehold with a garden at back of house ground floor which has a long lease on 1st floor. The title plan of long lease clearly shows the demise is at 1st floor only. There is access to the 1st floor from the front.

    However in reality there is a wooden external...
    19-10-2019, 09:35 AM
  • Reply to Established use right outside demised lease? Help
    Lawcruncher
    Whilst the title may may show that the garden is not included in the demise of the first floor, you need to look at the lease to see if any rights are granted over the garden. Such rights could be:

    · An exclusive right to use the garden
    · A right to share use of the garden
    ...
    19-10-2019, 17:04 PM
  • Reply to Established use right outside demised lease? Help
    pilman
    Unless there is an easement referred to within the Lease then constant use of a right of way by a tenant cannot become legal when there is a common landlord of the two properties.

    Someone will need to read through the whole of the lease to find out whether the current situation is lawful...
    19-10-2019, 16:35 PM
  • Fence on either side who own's which
    ash72
    Is there a golden rule, if the deeds to not specify, who owns and maintains the right or left hand side of the fencing? It's a mid terrace house, I always under the impression that the right hand side of the property was your's to maintain. I tried to look on an aerial view and there's five houses in...
    15-10-2019, 14:55 PM
  • Reply to Fence on either side who own's which
    pilman
    It may not seem right, but one end of a terrace will always have responsibility for the end fence or even both fences, unless the side fences erected to separate properties are shown to be party fences in a conveyance. Some of the older paper deeds did use an inward facing "T" to identify...
    17-10-2019, 12:39 PM
  • Boundary dispute
    Pilavas719
    Hello All,

    Thanks for setting this forum up.
    I have been going through a boundary dispute since I moved into our current property a little background below:

    We moved in on the 12th of July 2016 and the following day my next door neighbor tried to moved the fence 12...
    14-10-2019, 14:06 PM
  • Reply to Boundary dispute
    Pilavas719
    Thanks Lawcrancher, I have visited Jon Maynard's website I even had the pleasure of booking an hour consultation with him, he completely agreed that my neighbour was in the wrong. I have probably read everything online about boundary disputes already. I have come across this forum today and thought...
    14-10-2019, 16:04 PM
  • Reply to Boundary dispute
    Lawcruncher
    The following statements are usually true:

    · If a house owner wants to build an extension and it would be handy if the neighbour's fence was in the wrong place and could be moved towards the neighbour, the fence is in the right place and the boundary follows the fence.

    ·
    ...
    14-10-2019, 15:56 PM
  • Reply to Boundary dispute
    Pilavas719
    A line drawn at the 50% mark on the title plan with no measurements has an accuracy of a meter, Since the title plan holds no ground to demarcate the boundary line render's it useless in my case. we are disputing 3.6 meter of land between our properties where I have 2.2m and my neighbour has 1.4m. ...
    14-10-2019, 15:54 PM
  • Reply to Boundary dispute
    AndrewDod
    Did the neighbour object to the trespass of by the fence previous to your ownership? How was this dispute resolved? Whilst boundary plans are not definitive, a line drawn at the 50% mark in relation to actual structures is at the 50% mark.

    How do you actually know that the neighbour has...
    14-10-2019, 15:44 PM
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