Alchemist

We have already done this. The deeds say they have the right `to pass and repass` nothing more but nothing less. Its just a single line on the deeds. So I think that means no restrictions - or does it .

I`d like to thank you all for your help. But they waited until we had a drink on the patio this evening then came through and proceded to wind us up " move your feet we can`t get past `etc Then we discovered that the cheeky sods were recording us on our own property. My wife is in a hell of a state. I think I may have to shell out some money. Then perhaps rent out the house. It is impossible to live like this. Sorry I`m still upset but thanks again.

IT was an odd situation. The solicitor living in our house stated (when he registered the property) that the easment said "in favour of No.1 over No.1" when clearly it should have said "No2 in favour of No 1". The Land Registry stated that the latter was what it was meant to say (give us £1000) so the deeds were amended to say that. I do not think that I can get the ROw extinguished. I might be able to get restrictions oi its use because it is so intrusive I just don`t now. I mean 5ft wide! andnext to my door!!

AHHh I think this might be just a fantasy but I have been told that the overiding restriction on a ROW (above all others) is that it cannot stop a person who is subjected to the terms of the right of way from enjoying their own property. If that is the case, the terms of the right of way (it being so invasive and thus allowing the neighbours to be a continual nuisiance) seem to be in conflict with thsi principle......The right to enjoy your own property is enshrined in the Human Rights Act too..... But this sounds like fantasy and very expensive. Any way thanks for your input

This is a continuation of a neighbour dispute some people on here give me advice on. This is a new problem. The neighbours have a right of way through our property. We do not dispute that; nor have we in the past, sought to impede it. However, the ROW is extemely invasive. It is in the shape of a `7` and is 8ft at its widest and only 5ft wide at its narrowest. It passess within 2 ft of three windows and a door. When we bought the house 28 years ago, the solicitor who was living here had the easelemt removed from the title deeds. My wife would never have bought the house if she had known about the ROW because it is so invasive. However, when the issue came to light, the LR reinstated the ROW with the correct wording. Since then the ROW has not been a nusiance, Last year the new neighbours wanted to construct a large conservatory and they wanted to bring the construction crew and materiel through the ROW meaning that we could not use our own patio for a period of 12 weeks. We objected to this (A week OK but 12!?) (The ROW is poorly worded it simply states to pass and repass...nothing else at all.) They have already put two tradesmen we have had here to quote for work to flight and the other day they came through when we were having a drink on the patio and had a go at me and my wife. (we are both mid -70 and I am very ill) WE had to call the police. They are now using the patio to such an extent that it is impossible for us to enjoy our own home. Yesterday, one of them came through and insisted that I remove myself from the ROW so that she could come through with a relative small package. To be honest, we would sell up and move but there is no way anybody would by the house now - and I can`t blame them. Is there any avenue I can explore to relieve some of this pressure? Please don`t say `have a nice chat` they have already upset everone neraby and apparently have a reputation for this type of thing from previous locations. When does the legitimate use of a right of way morph into a nusiance? I would really appreciate any help, please. Thanks

Yes it seems that all the above has been agreed by Welsh Water. Thanks saveastaeing

Well thanks for your help guys! Build-over the sewer - agreed No inspection chamber or drain cover in their property -agreed, Rain water to flow off roof into sewer - agreed Rain water in other 1/2 roof to drain onto garden their which is higher than ours - agreed No CCTV of sewer; no inspection after completion - agreed. I`m too heartbroken to comment.

Well thank you for your responses. They are gratefully received. Ok the situation is as follows. The sewer is shared between the three houses. I believe this defines it as a public sewer. The sewer gets clogged about three times a year due to a fault where the sewer joins the main sewer. When this happens, our patio gets flooded with sewage and the water board unclogs it. Without putting too fine a point on it, the blockage is always `sanitary` products (which we don`t use) It is always us that has to organise this. We have had constant bullying over the construction of the conservatory for eighteen months now. My wife has been reduced to tears many times. The old conservatory was constructed before the Water Board adopted the sewer and was built over the sewer. We don`t know if there was any mention of this sewer in the old planning permission. When planning permission was requested for the construction of the newer, bigger conservatory, a proviso was definitely put into the approval certificate via the Water Board, that they were not to build within 3m of the sewer (I have a copy). This will be 3m along and into my patio and just 2ft from my extension wall. The entire conservatory will be constructed over the sewer. A relative seems to think that because old conservatory was built over the conservatory, than the 3m condition will not apply to the new conservatory. We have come up against type of thing this before. Planning stated that, because the old conservatory `overdeveloped` the site (their words). then if the new conservatory over developed the site even more well, that was ok. I have given up trying to fathom out the logic system the planning department work to. For instance 80% of the conservatory will contravene the 45 degree rule but hey that `OK its only guidance we can apply it when we want to!` I`d really appreciate some guidance on the sewer they have definitely not strengthened it or done any modifications to it just build over it. Thanks for your help

Thanks for that, Rob. Who knows what how the planning people think. Some people get away with major infringements others have to rip the building down for some silly thing. However the pp blurb does state 3m.] Thanks again.

Hi I would appreciate some help on this. The NDN are having a conservatory built -now. When they applied for planning permission, one of the conditions was that they were not to build within 3 m of a public/shared sewer. There was an older conservatory built on the site in 1998 and this was built over the shared sewer. The sewer is shared between No 1,2, and 3. We are No1 and the sewer egresses through our patio. There is a a history of problems with this sewer. It is No2 that is building the conservatory. No 2 have demolished the old conservatory and applied for planning permission for a new conservatory. This is much bigger and heavier that the old one...hence we think, the `3m` condition. The conservatory constructor is Anglian. We have had a look at what they are doing on site and it would seem that the whole width of the conservatory will be built over the sewer and because they are building up to the boundary the `3m` condition actually applies to 3m of our property. I should add that the sewer is very very close to our foundations. Is this building over a sewer by Anglian very naughty or, if I complain, will they just get a smack on the wrist and get a build over agreement in retrospect? Thanks for your help Kemyst

MODIFIED DIAGRAM.docx Hi The pic of the current conservatory is attached (but I can`t see the actual pic). We had the planning officer who signed off the application in the first instance to visit. The PO said that the original structure was overdeveloped - so they allowed an even bigger structure to take its place. He said that the extra impact was not significant (?) The red dotted lines are my interpretation as to what the new conservatory will look like. I know that PP cannot be overturned, but I honestly think that the new structure is going to be horrendously intrusive but I admit that perhaps I`m oversensitive. It is my intention to complain. Can I ask whether you experts out there would find the situation is acceptable if it was your property? If you all do then I will gnash my teeth and butt out. PS there is a window juts out of view in the bottom left corner of the pic where the two walls would meet

Well thanks for your time Temp but we think its best that we go back to an original idea and put our own gate in close to the boundary.

Hi Temp... The issue is not about whether the right of way exists or not, it is about excessive use. We have acknowledged the existence of the right of way for about 30 years. Is it reasonable for 4 men to continually use the right of way constantly for say three weeks to remove rubble and bring in concrete and conservatory panels? The NDN actually wanted my wife to remove her washing today!

We were asked today to remove our washing to let workmen through with their tools.

I didn`t mean to shout.LOL