Weld County Government’s Post

In this article we look at the #UpperTribunal decision in #NicholsonvHale [2024], that considered whether a sign put up by a land owner was sufficient to prevent a neighbour’s claim to have acquired a #rightofway by long use. This case highlights the importance of clear wording in displayed signage, when seeking to prevent #rightsofway from arising. https://lnkd.in/eDwVARfZ

Interesting party wall nugget: If an Adjoining Owner refuses to (e.g.) provide access to allow a Building Owner to carry out works permitted by the Party Wall etc Act 1996, the neighbour may be committing a criminal offence that can lead to prosecution (payment of a £1,000 fine). I found out today (with thanks to Matthew Hearsum FCIArb (and Benjamin Mackie for organising the Party Wall Clinic sessions)) that since the Act was passed there have "only" been 2 prosecutions for such offences. Still more than you'd expect! Takeaway: If in doubt speak to your solicitor (or party wall surveyor) to discuss how best to proceed (whichever side you are on).

📜 Possession Rights of Co-Sharers in Joint Land 📜 In the recent case of Mst. Sara Akhtar, etc. vs. Mehmood Khan, etc. (2024 YLR 2130; Civil Revision No. 1376 of 2022), the court reaffirmed the legal principle that the possession of one co-sharer is considered possession on behalf of all co-sharers. This means that a co-sharer, even if in possession of just a fractional share of the joint land, retains a right, title, and interest in every part of the land until it is partitioned by metes and bounds as per the law. This judgment emphasizes the significance of the unity of possession among co-sharers and serves as a crucial reminder of their shared rights over joint property. #CoSharerRights #LandLaw #JointProperty #LegalPrinciples #Possession #PropertyLaw #CivilRevision #LawUpdates #AdvocateMuhammadWaqas

Wondering about the finality of a Party Wall Award? Owners have 14 days post-service of a party Wall Award to appeal it via the county court. However, appeals should be approached carefully, as an unsuccessful appellant might face costs against them. Legal advice might be prudent. After the appeal period lapses, the Award becomes final and binding. The nitty-gritty of party walls, simplified for you! Follow us Archway Party Wall Surveyors Partywalls@archwaybc.co.uk 020 3960 7486 #ArchwayApproach #PartyWallExperts #BuildingEfficiency

What do you do? Some of the things that we cover every week: Solutions to Enforcement Action, Professional Advice, Representation against Council Financial Penalties, Council Financial Penalties Appeals and Advocacy for at First-tier Tribunal, Housing Financial Penalties, Rent Repayment Orders, HHSRS & Fire Safety, HMO Licence and Licensing Selective Licence and Licensing Disrepair Claims – Complete resolution Improvement Notices, Prohibition Orders, Housing Investigations & Council Enforcement Defence. Landlord Licensing & Defence

🚷 💡 Landlords may be able to defeat the acquisition of a right of way by long use by installing effective "Private Property" signage. 📖 You can read further in our article, below:

Omission to label demolition notice with provision under which it was issued would not make it nugatory if substance clearly stated: SC Reported by Deeksha Dabas Read More Here- https://lnkd.in/g3jCrS7R #demolitionnotice #MaharashtraRentControlAct #SupremeCourt #Tenant #Landlord #scconline #SCC #legalnews #scconlineblog #legalknowledge #legalblog #legalupdates #lawstudent #legalresearch #legalstudies #surestwaytolegalresearch #bringingyouthebestlegalnews

Was a handwritten document intended to be a will? Read the court case summary from the FISA® archive. https://lnkd.in/g_S_AJZ #FISA #fiduciary #wills #handwritten #courtcase

If the tenant ignores the notice to quit and does not vacate the property, what is the next step? 😩🤯🏡 Well, you have to issue court proceedings for a possession order, which will lead to a short court hearing. If the tenant’s defence does not show that there is a genuine dispute or no defence is filed, the judge will normally grant the possession order at the hearing. 👩⚖️ If there are grounds for a defence, the hearing will be adjourned to a later date, to allow evidence to be filed. ⏰ The tenant should leave on or before the date shown on the possession order. If they refuse to leave, you will need to make a further application to court for a warrant of possession. This will allow a bailiff to evict the tenant, and return the property to you. If you're struggling with this issue - call us today to discuss your situation and how we can help. ☎ CHEPSTOW: 01291 639280 ☎ NEWPORT: 01633 358888 ☎ BRISTOL: 0117 233 8744 #Solicitor #SolicitiorUK #LegalServices #Chepstow #Newport #RossOnWye #LegalProfessionals #LegalFirm #SettleAgreements #RecoveringPossession #FeakesandCo

🤔Did you know? We handle Boundary Line Agreements. Boundary Line Agreements can be an elegant solution to a common problem. Fences and stone walls often vary with boundary lines, especially in Westchester County and other more rural counties with large tracts of land. A Boundary Line Agreement can save the parties a great deal of time and money by minimizing or avoiding site work, tree removal and litigation fees. If you have a boundary line issue, please do not hesitate to call Betensky at (914) 338-8050 for a consultation. Click through to learn more: https://lnkd.in/eh6M2KQj #boundaryline #legalagreement #WestchesterCountyNY #clientservice #highlyrated #legaladvice #responsive #trusted #westchestercounty #NYlawyer #conscientious #dedicated #professional #locallawyer @bedfordvillagebuzz @mtkiscochamberofcommerce