Stopping a supermarket from erecting scafolding on my land

DaftyDuck

As I understand shared ownership, it might only take one to cave in and grant permission, the others may then be unable to refuse.....

So, it may be that if you stand your ground, all you'll win will be seeing someone else win... someone may get new fencing, soundproofed windows, whatever...

lovelyhead

DaftyDuck wrote: »

As I understand shared ownership, it might only take one to cave in and grant permission, the others may then be unable to refuse.....

So, it may be that if you stand your ground, all you'll win will be seeing someone else win... someone may get new fencing, soundproofed windows, whatever...

Can you back that statement up with evidence?

System

lovelyhead wrote: »

No idea. That's why I am going to speak to a lawyer. It may not be worth the bother, or maybe it will.

Ok, enjoy your chat with your lawyer... Not sure why you bothered coming on here asking for opinions saying you have spoken to a lawyer, then conclude that you'll know more after speaking to a lawyer...

iirc the perceived value of a ransom strip is something like a third of the "uplift" in value of the land - but that only works where there is absolutely no chance of the development happening without access over the strip, what you have is the ability to cause a minor pain for the external finishing of a single portion of wall...

But even so - to get more than your 2k outlay it would have to be decided in court that the uplift in value to the supermarket was more than 50k, giving the 8 of you a payment of just over 2k - but it would take a lot of legal fees to get to a point where the supermarket and the 8 of you get to an agreement that the court can decide a value of the access (for maybe a weeks work)

And it depends on them not proposing an alternative to paying you anything!


Good luck with it anyway, i hope you don't waste all your time, energy and money pursuing an unrealistic big payout instead of spending time making your wee ones life as good as it can be even with the horror of the derelict building beside you getting used again! My only advice would be to get a no-win-no-fee lawyer

lovelyhead

Another alternative is just saying "no you can't access my land" and leaving it at that. See what happens. Don't involve any lawyers.

System

lovelyhead wrote: »

You certainly live up to your name.

if only the same could be said....

nice response by the way, just remember that some of us offering advice for free on here know the reality of certain situations even if it's not what you want to hear

lovelyhead

the_r_sole wrote: »

if only the same could be said....

nice response by the way, just remember that some of us offering advice for free on here know the reality of certain situations even if it's not what you want to hear

Ah, So there are lawyers present on this thread. Good to know.

iammumtoone

OP you keep referring to it as your land. It is not your land you own/have rights of 1/8th of it.

Before you go any further I think you need to be researching what his means in terms of allowing access. For example will access be legally granted if over 50% agree, leaving the rest with no further rights?

I think you would have more hope fighting this if you were the sole owner of the land. You aren't and as much as I would like you see you fight as large corporations should not be allowed to just get what they want, I think only having 1/8th rights to the land will be where you fail.

I live in a terrace but not at the end, if I were at the end and a supermarket was to be build, I wouldn't not want it next to me, if however I was at the other end of the street, it might be quite handy. Your neighbours might not hold the same views as you. How is parking down your street? terrace houses are very difficult to park I would quite like a supermarket nearby (but not next door) where I could park if need be and my friends could easily visit without having to find a spare parking space to squeeze into down the street.

lovelyhead

iammumtoone wrote: »

OP you keep referring to it as your land. It is not your land you own/have rights of 1/8th of it.

Before you go any further I think you need to be researching what his means in terms of allowing access. For example will access be legally granted if over 50% agree, leaving the rest with no further rights?

I think you would have more hope fighting this if you were the sole owner of the land. You aren't and as much as I would like you see you fight as large corporations should not be allowed to just get what they want, I think only have 1/8th rights to the land will be where you fail.

That is a point I need clarifying by a lawyer. It may be as you suggest or it may be the case that only one person need object.

iammumtoone

lovelyhead wrote: »

That is a point I need clarifying by a lawyer. It may be as you suggest or it may be the case that only one person need object.

But even if only one person need object you are then opening yourself up to a dispute not only with the supermarket but 7 neighbours as well. As you are looking to sell, you don't want to be having to declare any neighbour disputes.

Mojisola

lovelyhead wrote: »

We also have a new born baby due in a couple of weeks

If my OH started to focus on a campaign like this when I was so close to delivery, I'd be very unhappy.

The most important thing is your life at the moment should be the new arrival and the well-being of your OH.