I have a piece of land with a stone wall boundary. It measures approx 30m x 30m. There is a stone storage building located in one corner of the land. It is on a separate title and has a right of way across my land. This building has no curtilagewhatsoever. It is owned by a lady who 4 years ago converted, without planning permission, into a single bedroom AirBNB property. These "guests" are using my land for recreational purposes and they always leave a mess. They do not have my permission.
Part of her marketing blurb was the extoll the virtues of the open land outside which is my land.
Taking into account the fact that her building has no curtilage, would I be within my rights to :-
1. Erect a fence/wall very close to the wall of her building on the two sides which face my land. I would of couse provide a gate to allow access to the door of her building?
2. Could I padlock the gate but allow access through yhe gate on request?
3. One alternative that I am considering is making an access gateway immediately adjacent to her building and creating a narrow fenced in strip from that gateway to her door.
A schematic layout can be seen here https://snipboard.io/Dza0Z1.jpg
1. Erect a fence/wall very close to the wall of her building on the
two sides which face my land. I would of couse provide a gate to
allow access to the door of her building?
2. Could I padlock the gate but allow access through yhe gate on request?
3. One alternative that I am considering is making an access gateway >immediately adjacent to her building and creating a narrow fenced in
strip from that gateway to her door.
On Tue, 16 Jan 2024 08:49:02 -0800 (PST), Ben Beardmore <letshaveit@gmail.com> wrote:
1. Erect a fence/wall very close to the wall of her building on the
two sides which face my land. I would of couse provide a gate to
allow access to the door of her building?
You could certainly do that, yes.
2. Could I padlock the gate but allow access through yhe gate on request?
That would probaly be too restrictive. If the building has a right of access across your land, then it needs to be capable of being exercised without requiring any action on your part.
3. One alternative that I am considering is making an access gateway
immediately adjacent to her building and creating a narrow fenced in
strip from that gateway to her door.
You could do that, too.
You could also report it as a breach of planning.
On 16/01/2024 22:13, Mark Goodge wrote:
On Tue, 16 Jan 2024 08:49:02 -0800 (PST), Ben Beardmore
<letshaveit@gmail.com> wrote:
1. Erect a fence/wall very close to the wall of her building on the
two sides which face my land. I would of couse provide a gate to
allow access to the door of her building?
You could certainly do that, yes.
2. Could I padlock the gate but allow access through yhe gate on
request?
That would probaly be too restrictive. If the building has a right of
access
across your land, then it needs to be capable of being exercised without
requiring any action on your part.
3. One alternative that I am considering is making an access gateway
immediately adjacent to her building and creating a narrow fenced in
strip from that gateway to her door.
You could do that, too.
You could also report it as a breach of planning.
I was under the impression that converting from B8 (storage) to C3
(dwelling house) is now a permitted development.
These "guests" are using my land for recreational purposes and they always leave a mess. They do not have my permission.In England they are trespassers, in Scotland they can do this.
On 16/01/2024 22:13, Mark Goodge wrote:
On Tue, 16 Jan 2024 08:49:02 -0800 (PST), Ben Beardmore
<letshaveit@gmail.com> wrote:
1. Erect a fence/wall very close to the wall of her building on the
two sides which face my land. I would of couse provide a gate to
allow access to the door of her building?
You could certainly do that, yes.
2. Could I padlock the gate but allow access through yhe gate on request? >>That would probaly be too restrictive. If the building has a right of access >> across your land, then it needs to be capable of being exercised without
requiring any action on your part.
3. One alternative that I am considering is making an access gateway
immediately adjacent to her building and creating a narrow fenced in
strip from that gateway to her door.
You could do that, too.
You could also report it as a breach of planning.
I was under the impression that converting from B8 (storage) to C3
(dwelling house) is now a permitted development.
On Tuesday 16 January 2024 at 22:53:12 UTC, JNugent wrote:and made betweenChristina Brocklehurst and Ann Jackson and Nicholas Hislop of the other part"
You indicate the locations of two doors into that small property, one of
which fronts the street (highway).
Why would she need access across your land if she has a door that
provides access from the street?
In what form does the "right of way" exist?
Is it a covenant?
Rights of way are not the same as rights of access to the land as a whole. >>
And of course... have you complained to the local authority of the
non-permitted use of the building?
The exact wording on her title document is:-
___________________________
"The land has the benefit of of the following right granted by the Assignment dated 28 Sept 1976 referred to above:-
"Together with the right of waynsd passage over the land shown on the said plan fronting AAA Street for all purposes in connection with the use of such building and as reserved unto Christina Brockleghurst by an assignment dated 3rd of October 1960
Unless otherwise mentioned the title includes any legal easements granted by the registered lease( s) but is subject to anyrights that it reserves, so far as those easements and rights exist and benefit or affect the registered land.such.
____________________________________________________-
To clarify....
Brocklehurst did the original assignment to the previous owners of my land ie Jackson and Hislop.
The "lady" who bought the building in 2019 and immediately knocked out a doorway directly out to the pavement on the East side with total disregard to it being a conservation area. The then did internal work to make it an AirBNB and let it out as
Many neighbours complanined and Plnning asked her to submit an application. She submitted on for conversion of an "Office" into a "dwelling" . Planning declared it invalid. But she still kept onwith the AirBNBfenced in passage way to the door on the South wall.
Six months later she submitted an applicayion for conversion of "Storage Building" to a "Holiday Let" Sui Generis.
Planning again refused permission. But she still continued with the AirBNB. She was served with an enforcement order to stop letting and undo the internal works she had done.
She then lodged an appeal with the Planning Inspectorate.
The Inspectorate upheld the Enforcement order.
She now is barred from making any new application for two years.
She is nothing if not determined and so she will be back so I want to get ahead of her and fence her in.
My understanding is that such an easement just can't be eliminated without her permission -which will never happen! Hence my thinking of creating an opoening in my perimeter wall immediately adjacent to her building and then making a short and narrow
On Wednesday 17 January 2024 at 09:03:03 UTC, Simon Parker wrote:
@Simon,
You have a good memory! See above for details ofevents since my posts
3 years ago.
Whilst I am 200 miles away from the site, my co-leaseholder lives
immediately adjacent and can see what happens onsite 24/7. They are a
young couple and they have chickens and geese onsite.
I eventually arranged for AirBNB to pull the listing but this was only
after I got a local Councillor to email them with a copy of the
Enforcement order. AirBNB woud not do anything in response to my
repeated emails.
As for the littering, the Council have said that they cannot get
involved because the littering is happening onprivate land.
Plus my co-leaseholder keeps chickens and geese there.
On 10:04 17 Jan 2024, Ben Beardmore said:
On Wednesday 17 January 2024 at 09:03:03 UTC, Simon Parker wrote:
@Simon,
You have a good memory! See above for details ofevents since my posts
3 years ago.
Whilst I am 200 miles away from the site, my co-leaseholder lives
immediately adjacent and can see what happens onsite 24/7. They are a
young couple and they have chickens and geese onsite.
I eventually arranged for AirBNB to pull the listing but this was only
after I got a local Councillor to email them with a copy of the
Enforcement order. AirBNB woud not do anything in response to my
repeated emails.
As for the littering, the Council have said that they cannot get
involved because the littering is happening onprivate land.
The last point is not entirely correct. The Council does have power to
force untidy private land be cleared up, although it may not wish to do
so. Of course the Council's assessment of what constitutes untidiness
may not be the same as your own.
For what it's worth, I recently quoted in this group, section 215 of the
Town and Country Planning Act:
"If it appears to the local planning authority that the amenity of a
part of their area, or of an adjoining area, is adversely affected by
the condition of land in their area, they may serve on the owner and
occupier of the land a notice under this section."
https://www.legislation.gov.uk/ukpga/1990/8/section/215
On 16/01/2024 23:38, Colin Bignell wrote:
On 16/01/2024 22:13, Mark Goodge wrote:
On Tue, 16 Jan 2024 08:49:02 -0800 (PST), Ben Beardmore
<letshaveit@gmail.com> wrote:
1. Erect a fence/wall very close to the wall of her building on the
two sides which face my land. I would of couse provide a gate to
allow access to the door of her building?
You could certainly do that, yes.
2. Could I padlock the gate but allow access through yhe gate on
request?
That would probaly be too restrictive. If the building has a right of
access
across your land, then it needs to be capable of being exercised without >>> requiring any action on your part.
3. One alternative that I am considering is making an access gateway
immediately adjacent to her building and creating a narrow fenced in
strip from that gateway to her door.
You could do that, too.
You could also report it as a breach of planning.
I was under the impression that converting from B8 (storage) to C3
(dwelling house) is now a permitted development.
Dredging my memory from the last time Ben raised this issue, I think the whole area is a conservation area. See here:
https://historicengland.org.uk/advice/your-home/owning-historic-property/conservation-area/
This whole issue is bothering Ben quite a lot, and I wonder if there is
some direct action he can take that would inhibit the uses he complains
of? Bear in mind that he doesn't live nearby.
For example, he could plant the whole area with something dense and
thorny. If he did that, would he have to keep the area clear over which there's a right of way? Or, if the plants naturally spread to cover the
whole ground is that simply acceptable? I imagine that, in that case,
the user of the ROW might have a right to clear a path, but that puts
the onus on them to do something.
On Wednesday 17 January 2024 at 08:55:57 UTC, GB wrote:
This whole issue is bothering Ben quite a lot, and I wonder if there is
some direct action he can take that would inhibit the uses he complains
of? Bear in mind that he doesn't live nearby.
For example, he could plant the whole area with something dense and
thorny. If he did that, would he have to keep the area clear over which
there's a right of way? Or, if the plants naturally spread to cover the
whole ground is that simply acceptable? I imagine that, in that case,
the user of the ROW might have a right to clear a path, but that puts
the onus on them to do something.
Yes, it sure does bother me as this woman has no regard for Planning rules and other peoples property. She is devious and cunning.
Thanks for the thorney plant idea but I need to keep the land there open as there are three garages cum storage units there. Plus my co-leaseholder keeps chickens and geese there.
On Wednesday 17 January 2024 at 11:51:47 UTC, Alan Lee wrote:
On 17/01/2024 10:36, notya...@gmail.com wrote:
They cannot do that in Scotland.There is the "Land Reform (Scotland) ActThese "guests" are using my land for recreational purposes and they always leave a mess. They do not have my permission.In England they are trespassers, in Scotland they can do this.
2003, that in Scotland everyone has the right to be on land for
recreational purposes and to cross land for such purposes."
You can go across private land, but, in this case, it isnt open land, so
there is no access, due to privacy / security etc. There are lots of
clauses about the right to roam, otherwise anyone could walk into your
garden and have a picnic.
Guidance says this:
"The “right to roam” must be exercised reasonably and helpfully, very
good guidance is provided in the expertly drafted Scottish Outdoor
Access Code. This Code highlights that the right needs to be exercised
responsibly. The law also sets boundaries on the extent of the right so
that the benefits of private ownership are still respected. Thus, for
example, the “right to roam” will not extend to include land that is
adjacent to dwelling houses, farm buildings, compounds, schools, and the
like."
There are specific points in the legislation about rubbish etc, if
someone is littering the Land, they are no longer adhering to the
Legislation (leave no waste), so are then trespassing.
Right to roam codified the position in Scotland that there is no law
of trespass.
Right to roam codified the position in Scotland that there is no law of trespass.
Yes, it sure does bother me as this woman has no regard for Planning rules and other peoples property. She is devious and cunning.
Thanks for the thorney plant idea but I need to keep the land there open as there are three garages cum storage units there. Plus my co-leaseholder keeps chickens and geese there.
On Wednesday 17 January 2024 at 08:55:57 UTC, GB wrote:
This whole issue is bothering Ben quite a lot, and I wonder if there is
some direct action he can take that would inhibit the uses he complains
of? Bear in mind that he doesn't live nearby.
For example, he could plant the whole area with something dense and
thorny. If he did that, would he have to keep the area clear over which
there's a right of way? Or, if the plants naturally spread to cover the
whole ground is that simply acceptable? I imagine that, in that case,
the user of the ROW might have a right to clear a path, but that puts
the onus on them to do something.
Yes, it sure does bother me as this woman has no regard for Planning rules and other peoples property. She is devious and cunning.
Thanks for the thorney plant idea but I need to keep the land there open as there are three garages cum storage units there. Plus my co-leaseholder keeps chickens and geese there.
On 17/01/2024 09:51, Ben Beardmore wrote:
Yes, it sure does bother me as this woman has no regard for Planning rules and other peoples property. She is devious and cunning.
Thanks for the thorney plant idea but I need to keep the land there open as there are three garages cum storage units there. Plus my co-leaseholder keeps chickens and geese there.
I would look for a solution that doesn't cost too much, and which is not easily vandalised.
I take it that you could increase the fertility of the ground by
spreading manure on the bit near the offending building? You might need
to do that every couple of weeks for a year or two to make the soil
properly fertile?
On 2024-01-18, GB wrote:
On 17/01/2024 09:51, Ben Beardmore wrote:
Yes, it sure does bother me as this woman has no regard for Planning rules and other peoples property. She is devious and cunning.
Thanks for the thorney plant idea but I need to keep the land there open as there are three garages cum storage units there. Plus my co-leaseholder keeps chickens and geese there.
I would look for a solution that doesn't cost too much, and which is not
easily vandalised.
I take it that you could increase the fertility of the ground by
spreading manure on the bit near the offending building? You might need
to do that every couple of weeks for a year or two to make the soil
properly fertile?
Aren't the geese already doing that?
On 18/01/2024 11:15 am, Adam Funk wrote:
On 2024-01-18, GB wrote:
On 17/01/2024 09:51, Ben Beardmore wrote:
Yes, it sure does bother me as this woman has no regard for Planning
rules and other peoples property. She is devious and cunning.
Thanks for the thorney plant idea but I need to keep the land there
open as there are three garages cum storage units there. Plus my
co-leaseholder keeps chickens and geese there.
I would look for a solution that doesn't cost too much, and which is not >>> easily vandalised.
I take it that you could increase the fertility of the ground by
spreading manure on the bit near the offending building? You might need
to do that every couple of weeks for a year or two to make the soil
properly fertile?
Aren't the geese already doing that?
A couple of pigs would do that better. Of course, that'd need a kissing
gate at the entrance to the land.
Finally (for the CCTV), configure the recorder to overwrite every 28
days (or more frequently) but do not retain general recordings for
longer than this. Archive any recordings you may later need
evidentially to a separate device before they are overwritten.
Additionally, (subject to confirmation by somebody that has read the
full document relating to the right of way), I would suggest the letter should remind her that she only has a right of way across your land. Therefore she can pass and repass and avail of other ancillary rights reasonably necessary to allow enjoyment of the right of way, (such as
the temporary loading or unloading of a vehicle), but that use of the
right of way does not include using it as an amenity area for her property.
The second (and third?) weapon is in dealing with litter. Anytime she
or her "guests" leave litter on your land, the temptation is for your co-leaseholders to clear it up. However, I suggest resisting that temptation and instead paying someone to do it for you, (it doesn't need
to be a big company - a local self-employed cleaner happy for the extra
work will do). If rates there are similar to here, and it takes around
an hour to do the clear-up, it will cost you something like £20. Ask
the cleaner to pass the litter to you / your co-leaseholder rather than disposing of it themselves to avoid issues with Waste Transport
legislation.
You want to contact the Anti-Social Behaviour team at the local council
as littering is classed as anti-social behaviour. You should be in a position to show them the CCTV of the people littering on your land and
a copy of the invoice of the costs you've incurred in clearing up the litter. Insist that they deal with it as anti-social behaviour and the council should serve relevant notices on the owner.
On 18/01/2024 16:07, JNugent wrote:
On 18/01/2024 11:15 am, Adam Funk wrote:You kiss pigs?!
On 2024-01-18, GB wrote:
On 17/01/2024 09:51, Ben Beardmore wrote:
Yes, it sure does bother me as this woman has no regard for Planning >>>>> rules and other peoples property. She is devious and cunning.
Thanks for the thorney plant idea but I need to keep the land there
open as there are three garages cum storage units there. Plus my
co-leaseholder keeps chickens and geese there.
I would look for a solution that doesn't cost too much, and which is not >>>> easily vandalised.
I take it that you could increase the fertility of the ground by
spreading manure on the bit near the offending building? You might need >>>> to do that every couple of weeks for a year or two to make the soil
properly fertile?
Aren't the geese already doing that?
A couple of pigs would do that better. Of course, that'd need a kissing
gate at the entrance to the land.
Ask the cleaner to pass the litter to you / your co-leaseholder
rather than disposing of it themselves to avoid issues with
Waste Transport legislation.
On 18/01/2024 11:15 am, Adam Funk wrote:
On 2024-01-18, GB wrote:
On 17/01/2024 09:51, Ben Beardmore wrote:
Yes, it sure does bother me as this woman has no regard for Planning rules >>>> and other peoples property. She is devious and cunning.
Thanks for the thorney plant idea but I need to keep the land there open as
there are three garages cum storage units there. Plus my co-leaseholder >>>> keeps chickens and geese there.
I would look for a solution that doesn't cost too much, and which is not >>> easily vandalised.
I take it that you could increase the fertility of the ground by
spreading manure on the bit near the offending building? You might need
to do that every couple of weeks for a year or two to make the soil
properly fertile?
Aren't the geese already doing that?
A couple of pigs would do that better. Of course, that'd need a kissing
gate at the entrance to the land.
On Thursday 18 January 2024 at 12:33:07 UTC, Simon Parker wrote:
Ask the cleaner to pass the litter to you / your co-leaseholder
rather than disposing of it themselves to avoid issues with
Waste Transport legislation.
Fly-tipped waste from a non-domestic user - which this appears to be - is not disposable in domestic waste at all, so it will have to be taken to the tip as
commercial waste by a licenced transporter, and then paid for at the tip. You can't take it yourself as it's not your waste.
She should also have a non-domestic waste contract arranged or she is in breach of Environmental Protection Act 1990 and the council can issue a Section 47 Notice
If you are found to be disposing of your waste illegally you may be prosecuted. The maximum penalty is a fine of £50,000 and up to 12 months imprisonment in the Magistrates Court and 5 years imprisonment and an unlimited fine at the Crown Court.
I think the local Fire Service would be concerned about someone using a storage building as sleeping accommodation too.
Owain
On 18/01/2024 21:01, Roger Hayter wrote:
On 18 Jan 2024 at 19:38:11 GMT, "Owain Lastname" <spuorgelgoog@gowanhill.com>
wrote:
On Thursday 18 January 2024 at 12:33:07 UTC, Simon Parker wrote:
Ask the cleaner to pass the litter to you / your co-leaseholder
rather than disposing of it themselves to avoid issues with
Waste Transport legislation.
Fly-tipped waste from a non-domestic user - which this appears to be - is not
disposable in domestic waste at all, so it will have to be taken to the tip as
commercial waste by a licenced transporter, and then paid for at the tip. You
can't take it yourself as it's not your waste.
She should also have a non-domestic waste contract arranged or she is in >>> breach of Environmental Protection Act 1990 and the council can issue a
Section 47 Notice
If you are found to be disposing of your waste illegally you may be
prosecuted. The maximum penalty is a fine of £50,000 and up to 12 months >>> imprisonment in the Magistrates Court and 5 years imprisonment and an
unlimited fine at the Crown Court.
I think the local Fire Service would be concerned about someone using a
storage building as sleeping accommodation too.
Owain
Is not the waste from a Airbnb normally treated as domestic waste?
I give you Section 75 of the Environmental Protection Act 1990 (as
amended) [1]
Subsection 7 makes clear that: "commercial waste" means waste from
premises used wholly or mainly for the purposes of a trade or business.
A property let on AirBNB is a "premises used wholly or mainly for the purposes of a trade or business" so the waste generated in the course of
that trade or business is commercial waste.
Same for a landlord at the end of a let. The rubbish left behind in the property by their departing tenants is commercial waste and they cannot legally load it into their vehicle and take it to the local HWRC.
If this is wrong there are a lot of people in for an unpleasant surprise!
Google "City of York" and "Neil Cook". (Spoiler Alert: He had 3 holiday rentals and had been warned by the LA that he needed commercial waste arrangements in place for them. His solicitor Jeremy Scott said: "He
took a couple of bags of rubbish and took them to the household
recycling depot. He thought he was doing the right thing. It was on a
small number of occasions." York magistrates fined Cook £466 and
ordered him to pay a £47 statutory surcharge and £200 prosecution costs.)
In practice it
may make a difference if the property is usually actually lived in by the
owner, which I think was the original idea of Airbnb.
If the owner occupies it most of the time and lets in on AirBNB
occasionally, it is not a "premises used wholly or mainly for the
purposes of a trade or business". Rather it is "household waste".
Bedford Borough Council have a PowerPoint presentation turned into a PDF
if you're interested. [2]
Regards
S.P.
[1] https://www.legislation.gov.uk/ukpga/1990/43/section/75
[2] https://bbcdevwebfiles.blob.core.windows.net/webfiles/Files/Environmental_and_Waste_Services.pdf
On 18 Jan 2024 at 16:07:17 GMT, "JNugent" <jnugent@mail.com> wrote:
On 18/01/2024 11:15 am, Adam Funk wrote:
On 2024-01-18, GB wrote:
On 17/01/2024 09:51, Ben Beardmore wrote:
Yes, it sure does bother me as this woman has no regard for Planning rules
and other peoples property. She is devious and cunning.
Thanks for the thorney plant idea but I need to keep the land there open as
there are three garages cum storage units there. Plus my co-leaseholder >>>>> keeps chickens and geese there.
I would look for a solution that doesn't cost too much, and which is not >>>> easily vandalised.
I take it that you could increase the fertility of the ground by
spreading manure on the bit near the offending building? You might need >>>> to do that every couple of weeks for a year or two to make the soil
properly fertile?
Aren't the geese already doing that?
A couple of pigs would do that better. Of course, that'd need a kissing
gate at the entrance to the land.
If the easement for the building provides access "for all purposes" there would also have to be a field gate of sufficient width for vehicles.
On Thursday 18 January 2024 at 12:33:07 UTC, Simon Parker wrote:yourself as it's not your waste.
Ask the cleaner to pass the litter to you / your co-leaseholder
rather than disposing of it themselves to avoid issues with
Waste Transport legislation.
Fly-tipped waste from a non-domestic user - which this appears to be - is not disposable in domestic waste at all, so it will have to be taken to the tip as commercial waste by a licenced transporter, and then paid for at the tip. You can't take it
She should also have a non-domestic waste contract arranged or she is in breach of Environmental Protection Act 1990 and the council can issue a Section 47 Notice
If you are found to be disposing of your waste illegally you may be prosecuted. The maximum penalty is a fine of £50,000 and up to 12 months imprisonment in the Magistrates Court and 5 years imprisonment and an unlimited fine at the Crown Court.
I think the local Fire Service would be concerned about someone using a storage building as sleeping accommodation too.
Owain
On 18 Jan 2024 at 19:38:11 GMT, "Owain Lastname" <spuorgelgoog@gowanhill.com> >wrote:
On Thursday 18 January 2024 at 12:33:07 UTC, Simon Parker wrote:
Ask the cleaner to pass the litter to you / your co-leaseholder
rather than disposing of it themselves to avoid issues with
Waste Transport legislation.
Fly-tipped waste from a non-domestic user - which this appears to be - is not
disposable in domestic waste at all, so it will have to be taken to
the tip as
commercial waste by a licenced transporter, and then paid for at the tip. You
can't take it yourself as it's not your waste.
She should also have a non-domestic waste contract arranged or she is in
breach of Environmental Protection Act 1990 and the council can issue a
Section 47 Notice
If you are found to be disposing of your waste illegally you may be
prosecuted. The maximum penalty is a fine of 50,000 and up to 12 months
imprisonment in the Magistrates Court and 5 years imprisonment and an
unlimited fine at the Crown Court.
I think the local Fire Service would be concerned about someone using a
storage building as sleeping accommodation too.
Owain
Is not the waste from a Airbnb normally treated as domestic waste?
If this is
wrong there are a lot of people in for an unpleasant surprise!
In practice it may make a difference if the property is usually
actually lived in by the owner, which I think was the original idea of >Airbnb.
C) Long term we plan to develop the site now that planning rules are being relaxed for housing, so we are quite prepared to erect a secure fence close to her building with a short passage way to her door on the South side to a new gateway on the Eastwall. By so doing, it will eliminate any risk of adverse possession.
On 18/01/2024 08:58 pm, Roger Hayter wrote:
On 18 Jan 2024 at 16:07:17 GMT, "JNugent" <jnugent@mail.com> wrote:
On 18/01/2024 11:15 am, Adam Funk wrote:
On 2024-01-18, GB wrote:
On 17/01/2024 09:51, Ben Beardmore wrote:
Yes, it sure does bother me as this woman has no regard for
Planning rules
and other peoples property. She is devious and cunning.
Thanks for the thorney plant idea but I need to keep the land
there open as
there are three garages cum storage units there. Plus my
co-leaseholder
keeps chickens and geese there.
I would look for a solution that doesn't cost too much, and which
is not
easily vandalised.
I take it that you could increase the fertility of the ground by
spreading manure on the bit near the offending building? You might
need
to do that every couple of weeks for a year or two to make the soil
properly fertile?
Aren't the geese already doing that?
A couple of pigs would do that better. Of course, that'd need a kissing
gate at the entrance to the land.
If the easement for the building provides access "for all purposes" there
would also have to be a field gate of sufficient width for vehicles.
Hmmm... not so easy to control animals unless there's an attendant on
hand 24/7.
On 19/01/2024 01:02, JNugent wrote:
On 18/01/2024 08:58 pm, Roger Hayter wrote:Cattle grid!
On 18 Jan 2024 at 16:07:17 GMT, "JNugent" <jnugent@mail.com> wrote:
On 18/01/2024 11:15 am, Adam Funk wrote:
On 2024-01-18, GB wrote:
On 17/01/2024 09:51, Ben Beardmore wrote:
Yes, it sure does bother me as this woman has no regard for
Planning rules
and other peoples property. She is devious and cunning.
Thanks for the thorney plant idea but I need to keep the land
there open as
there are three garages cum storage units there. Plus my
co-leaseholder
keeps chickens and geese there.
I would look for a solution that doesn't cost too much, and which
is not
easily vandalised.
I take it that you could increase the fertility of the ground by
spreading manure on the bit near the offending building? You might >>>>>> need
to do that every couple of weeks for a year or two to make the soil >>>>>> properly fertile?
Aren't the geese already doing that?
A couple of pigs would do that better. Of course, that'd need a kissing >>>> gate at the entrance to the land.
If the easement for the building provides access "for all purposes" there >>> would also have to be a field gate of sufficient width for vehicles.
Hmmm... not so easy to control animals unless there's an attendant on
hand 24/7.
I think the local Fire Service would be concerned about someone using a storage building as sleeping accommodation too.The LA have already served an Enforcement Notice. What do you propose
the Fire Service do to trump this?
On 19/01/2024 01:02, JNugent wrote:
On 18/01/2024 08:58 pm, Roger Hayter wrote:Cattle grid!
On 18 Jan 2024 at 16:07:17 GMT, "JNugent" <jnugent@mail.com> wrote:
On 18/01/2024 11:15 am, Adam Funk wrote:
On 2024-01-18, GB wrote:
On 17/01/2024 09:51, Ben Beardmore wrote:
Yes, it sure does bother me as this woman has no regard for
Planning rules
and other peoples property. She is devious and cunning.
Thanks for the thorney plant idea but I need to keep the land
there open as
there are three garages cum storage units there. Plus my
co-leaseholder
keeps chickens and geese there.
I would look for a solution that doesn't cost too much, and which
is not
easily vandalised.
I take it that you could increase the fertility of the ground by
spreading manure on the bit near the offending building? You might >>>>>> need
to do that every couple of weeks for a year or two to make the soil >>>>>> properly fertile?
Aren't the geese already doing that?
A couple of pigs would do that better. Of course, that'd need a kissing >>>> gate at the entrance to the land.
If the easement for the building provides access "for all purposes"
there
would also have to be a field gate of sufficient width for vehicles.
Hmmm... not so easy to control animals unless there's an attendant on
hand 24/7.
On Friday 19 January 2024 at 11:32:51 UTC, Jeff wrote:wall. By so doing, it will eliminate any risk of adverse possession.
C) Long term we plan to develop the site now that planning rules are being relaxed for housing, so we are quite prepared to erect a secure fence close to her building with a short passage way to her door on the South side to a new gateway on the East
The only problem that I can foresee with the fence idea is that the
woman might try to say that you have abandoned that piece of land and
subsequently claim adverse possession. Now, I think that is harder than
it used to be, but she still might try it on.
Jeff
Good point! But that piece of land would only measure 1m x 3m
The easement she enjoys on her property goes back 200 years but in 2019 she opened up a doorway on the East side othe building. so techniclly it is redundant. I understand easements are difficilt to extinguish unless both parties agree.
Any suggestions?
One thought - from someone with no legal background, so I don't know if
there are any pitfalls - would be to let her have that 1m x 3m strip, in >exchange for giving up her right to any access over the remaining land.
Given that you're willing to give that strip up anyway, doing that might
fix the problem once and for all and simplify the situation, for both of
you, if/when either of you come to sell, or develop, your plot.
On Fri, 19 Jan 2024 20:37:03 +0000, Serena Blanchflower <nospam@blanchflower.me.uk> wrote:
One thought - from someone with no legal background, so I don't know if
there are any pitfalls - would be to let her have that 1m x 3m strip, in
exchange for giving up her right to any access over the remaining land.
Given that you're willing to give that strip up anyway, doing that might
fix the problem once and for all and simplify the situation, for both of
you, if/when either of you come to sell, or develop, your plot.
A similar thought had occurred to me. Except that I'd offer to sell the strip, rather than give it away :-)
On 19/01/2024 12:02, Ben Beardmore wrote:
On Friday 19 January 2024 at 11:32:51 UTC, Jeff wrote:
C) Long term we plan to develop the site now that planning rules areThe only problem that I can foresee with the fence idea is that the
being relaxed for housing, so we are quite prepared to erect a
secure fence close to her building with a short passage way to her
door on the South side to a new gateway on the East wall. By so
doing, it will eliminate any risk of adverse possession.
woman might try to say that you have abandoned that piece of land and
subsequently claim adverse possession. Now, I think that is harder than
it used to be, but she still might try it on.
Jeff
Good point! But that piece of land would only measure 1m x 3m
The easement she enjoys on her property goes back 200 years but in
2019 she opened up a doorway on the East side othe building. so
techniclly it is redundant. I understand easements are difficilt to
extinguish unless both parties agree.
Any suggestions?
One thought - from someone with no legal background, so I don't know if
there are any pitfalls - would be to let her have that 1m x 3m strip, in exchange for giving up her right to any access over the remaining land.
Given that you're willing to give that strip up anyway, doing that might
fix the problem once and for all and simplify the situation, for both of
you, if/when either of you come to sell, or develop, your plot.
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