Film, Media & TV1 min ago
Deed Of Grant
4 Answers
We brought or property with the benifit of a 8 year old D.O.G giving us parking on adjacent ground. New owners of said land now say original deed was incorrect and want us off the land. Can they just change it at will?
Getting heavy here!
Getting heavy here!
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Their take on this is that the D.O.G was ambiguous and the barrister working for them says, for instance, 'the grant may state you have a parking space it does not actually say you can park a car there� and we can not stop or park on their land to unlock our garage doors. These are some of examples of their stupidity.
We have 3 Statutory Declarations confirming the vehicle ROW existance since1940�s however these new people have installed posts and insist that they are locked ( for security ?) after every time we pass. Perversely the gate at the other end of the yard stays open all day.
Another question arises today, the previous yard owners appointed a managing agent to handle all the day to day running of the yard, can the new owners dismiss all the agent decisions as �illegal� and renegade on the parking arrangements already made in compliance with the original DoG?
Sorry if this rambles a bit
We have 3 Statutory Declarations confirming the vehicle ROW existance since1940�s however these new people have installed posts and insist that they are locked ( for security ?) after every time we pass. Perversely the gate at the other end of the yard stays open all day.
Another question arises today, the previous yard owners appointed a managing agent to handle all the day to day running of the yard, can the new owners dismiss all the agent decisions as �illegal� and renegade on the parking arrangements already made in compliance with the original DoG?
Sorry if this rambles a bit
I'm sorry, you're getting out of my legal depth here.
I'm sure you know that winning civil legal arguments is about constructing arguments based on opinions and interpretations, drawing on previous case law as precedents.
The Statutory Declarations have presumably given you an easement based on the Prescription Act (minimum 20 years use, without permission). I assume this is what has been registered onto your land Title Register. If it isn't too long and you want to write the wording of this part of your Land Title onto here I'll take a look, but I suspect you are going to have to employ paid-for legal advice here.
Strikes me these people seem pretty determined.
If you are going to seek legal advice, perhaps you should consider going back to the original solicitor who acted for you on the purchase - if this was done incorrectly they have an obligation to sort it out - or have action taken by you against their defective advice?
I'm sure you know that winning civil legal arguments is about constructing arguments based on opinions and interpretations, drawing on previous case law as precedents.
The Statutory Declarations have presumably given you an easement based on the Prescription Act (minimum 20 years use, without permission). I assume this is what has been registered onto your land Title Register. If it isn't too long and you want to write the wording of this part of your Land Title onto here I'll take a look, but I suspect you are going to have to employ paid-for legal advice here.
Strikes me these people seem pretty determined.
If you are going to seek legal advice, perhaps you should consider going back to the original solicitor who acted for you on the purchase - if this was done incorrectly they have an obligation to sort it out - or have action taken by you against their defective advice?
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