Legal right of way-flying shores

andrewm1981

Hi, I hope someone will have had experience of this!

I'm in the process of buying a listed property. It's 450 years old, and the side of the house has bowed slightly. Next to the house is a small path (which belongs to the pub), and then an equally old pub. About 100 years ago, they put up flying shores (basically, 2 beams of wood that go between the house and the pub) I guess to support the wall. I don't know if these beams actually do anything, they're not particularly big, but I wouldn't want to get rid of them as they were obviously put up for a reason.

Anyway, fast forward to now. How do I know if they've ever had planning permission for the beams? I wouldn't want to buy the house, and then have the pub say they want the beams to go! You can't even see the beams, as there's a pub sign that also goes between the two properties. Maybe there was some gentlemens agreement in the past.

But I don't want to risk it if the pub could legally say to take them down them the pub collapse! Would it be in the deeds of the property do you think?

Thanks in advance!

Andrew

princeofpounds

Planning permission in its current form is a late 20th century invention. 100 years ago people were more practical about things like that, less obsessed with bureaucracy.

They are well beyond the scope of planning and have been there so long they also almost certainly have a established right to be there (I say almost as I am no lawyer, but personally I have no doubt).

I'd suggest you concentrate on determining ownership and maintenance arrangements for the shoring, which is much more important.

Doozergirl

100 years ago? Anything that was put up 100 years ago would automatically have planning permission.

Anything that existed at 1944, the planning authorities consider to be 'the original house'

I don't think formal consent for that sort of minor alteration would have even existed.

If the pub removed something that structurally supports your house then I'm pretty sure your buildings insurance would cover that type of damage. You need special (ie. more expensive) buildings insurance for a listed building.

andrewm1981

Thanks for your responses,can you tell me what "act" it may be which says that historic (pre 1944) is considered to be part of the house? I've had a good root around but I can't see the name. I just want to research it so I can satisfy myself that its no problem in the future with regards to right of way!

Thanks

princeofpounds

Google "1 july 1948 original house" and you will see lots of references to it in different contexts, am sure one of them will discuss the legislation.

(It wasn't quite 1944)

Doozergirl

princeofpounds wrote: »

Google "1 july 1948 original house" and you will see lots of references to it in different contexts, am sure one of them will discuss the legislation.

(It wasn't quite 1944)

Sorry, didn't check! Blonde moment. Even when I was typing I was thinking that they were surely busier doing more important things in 1944.

G_M

Doozergirl wrote: »

Sorry, didn't check! Blonde moment. Even when I was typing I was thinking that they were surely busier doing more important things in 1944.

Yes. In 194 the government (well, bevin) was planning the welfare state...

SerialRenter

G_M wrote: »

Yes. In 194 the government (well, bevin) was planning the welfare state...

The Roman empire were a forward thinking bunch.

princeofpounds

Sorry, didn't check!

Hey, I didn't even know myself, just found it in a search is all.

NiallB

SerialRenter wrote: »

The Roman empire were a forward thinking bunch.

Mind you, I went to see a Roman villa the other day. It was in a terrible state. Shoddy workmanship if you ask me. Their building control must have been a joke.

andrewm1981

Got it! Thanks for your help, looks like I'm going to buy the house :-)