#16

RE: Any legals on here? Fight against Planning application help please!

in Anything that's not Eriba-related. Mon Feb 23, 2015 10:56 pm
by Randa france | 13.283 Posts

Quote: Agger wrote in post #16
Not sure what you mean by "right of prescription"

If your neighbour has been using land not belonging to him and has not been challenged over it for a period of time, he can claim it. http://www.tcyoung.co.uk/blog/2012/comme...of-prescription


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#17

RE: Any legals on here? Fight against Planning application help please!

in Anything that's not Eriba-related. Tue Feb 24, 2015 7:48 am
by Agger (deleted)
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I understand, but it is his garden that will potentially be used, he has a peculiar shaped garden, his house overlooks a roundabout and as such has a very wide garden at the front and a very small rear garden. Our house is "square" on to the road so we have a more conventionally shaped garden 11m wide and 26m long.

The new build would be on his land but would be between the existing houses at the front.


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#18

RE: Any legals on here? Fight against Planning application help please!

in Anything that's not Eriba-related. Tue Feb 24, 2015 8:12 am
by Randa france | 13.283 Posts

Ah, I see. When you mentioned "land grab" I thought he was "borrowing" a bit of garden that didn't belong to him. Judging by your description of the plot and the orientation of his property against yours, it's going to be a strange shape development if he has to stick to the building line.
Randa


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#19

RE: Any legals on here? Fight against Planning application help please!

in Anything that's not Eriba-related. Tue Feb 24, 2015 8:20 am
by Agger (deleted)
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Yes it will and that is partly the problem, although most of the houses are at least 60 years old and some have extensions (as has ours) but no new builds in the entire length which is approaching a mile long. I have grabbed screenshots from streetview (many thanks for that) and I will do the same with maps later. So far I am happy with what we have put together BUT I need neighbours to do the same


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#20

RE: Any legals on here? Fight against Planning application help please!

in Anything that's not Eriba-related. Tue Feb 24, 2015 8:32 am
by crow (deleted)
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If the building is too large for the plot, i.e coming too close to neighbours boundries,
(possibly denying access to emergency services)
TPO's preservation orders on any trees that might be cut down http://planningguidance.planningportal.g...rvation-orders/


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#21

RE: Any legals on here? Fight against Planning application help please!

in Anything that's not Eriba-related. Tue Feb 24, 2015 8:50 am
by Agger (deleted)
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It will come very close to out boundary due to it being built at an angle, but sadly no trees


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#22

RE: Any legals on here? Fight against Planning application help please!

in Anything that's not Eriba-related. Tue Feb 24, 2015 9:10 am
by crow (deleted)
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Do your deeds show the boundary of your property, do some measuring



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#23

RE: Any legals on here? Fight against Planning application help please!

in Anything that's not Eriba-related. Tue Feb 24, 2015 9:43 am
by Agger (deleted)
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I checked a few but not all and they are spot on, need to check just a few more (later)


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#24

RE: Any legals on here? Fight against Planning application help please!

in Anything that's not Eriba-related. Tue Feb 24, 2015 11:10 am
by crow (deleted)
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Photos of your boundary are useful, I know of one instance where a boundary
hedge and bank disappeared. Ooops sorry said the contractor and it was
reinstated almost a metre inside the original boundary, luckily the owner had
photos and measurements.


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#25

RE: Any legals on here? Fight against Planning application help please!

in Anything that's not Eriba-related. Tue Feb 24, 2015 2:06 pm
by Just Trolling (deleted)
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Very close to your boundry........how close there may be party wall issues depending on the type of foundations they intend to lay


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#26

RE: Any legals on here? Fight against Planning application help please!

in Anything that's not Eriba-related. Tue Feb 24, 2015 2:38 pm
by crow (deleted)
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Its a bit like custom and practice, if they have been using a pathway (just for instance)
for a number of years (around 20 years) they could have a right of prescription or basically
you cannot stop them continuing without a tussle.
Look it up on google.


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#27

RE: Any legals on here? Fight against Planning application help please!

in Anything that's not Eriba-related. Tue Feb 24, 2015 5:35 pm
by Agger (deleted)
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Quote: crow wrote in post #26
Its a bit like custom and practice, if they have been using a pathway (just for instance)
for a number of years (around 20 years) they could have a right of prescription or basically
you cannot stop them continuing without a tussle.
Look it up on google.


I think that's what my friend is saying about the view, most people say that a view is not a reason it may not be for "most" but after a period of time (20 year has been mentioned by a few) you are deemed to have at least some right over it.

Really do appreciate ALL the feedback and suggestions so a big THANKYOU to all those that have helped so far, if anyone is interested or just for interest I will quite happily pm a copy of my objection letter when it is finished, just the letter not ALL the attachments


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#28

RE: Any legals on here? Fight against Planning application help please!

in Anything that's not Eriba-related. Tue Feb 24, 2015 6:30 pm
by Agger (deleted)
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http://www.legislation.gov.uk/ukpga/Will4/2-3/71 Claim to the use of light enjoyed for 20 years.

When the access and use of light to and for any dwelling house, workshop, or other building shall have been actually enjoyed therewith for the full period of twenty years without interruption, the right thereto shall be deemed absolute and indefeasible, any local usage or custom to the contrary notwithstanding, unless it shall appear that the same was enjoyed by some consent or agreement expressly made or given for that purpose by deed or writing.


Very interesting!!!!!!!! THANKYOU You are entitled to stop Agger and claim your free kiss


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#29

RE: Any legals on here? Fight against Planning application help please!

in Anything that's not Eriba-related. Wed Feb 25, 2015 12:03 am
by Taffy (deleted)
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Tried an objection against my neighbours extension on the basis it would cut my sunlight and cast shadow over my property and annexe, but the council said that light was not a basis for objection and gave permission. As it turned out their grand plans were more than their pockets and a smaller scale building single story appeared so concerns were not realised - thankfully. Thye are all a rule unto their own and this silly regulation that permits no planning required for some extensions is going to cause no end of problems long term for some.


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#30

RE: Any legals on here? Fight against Planning application help please!

in Anything that's not Eriba-related. Tue May 19, 2015 5:02 pm
by Agger (deleted)
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A very sincere thankyou to all of those who either replied in thread, by pm or email, today a decision was made, we won!!

I put together a good (even if I say so myself) letter, explaining we were the "dominant" tenants, we have lived here for over 20 years and therefore under current laws we are entitled to the light and view gained over that period across our neighbours garden, we had other concerns to which were deciding factors.

If I can do it anyone can you just need the right set of circumstances


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