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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 26069
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Can the Claimant in a right of way dispute who settled the

Customer Question

Can the Claimant in a right of way dispute who settled the matter by way of a favourable Tomlin Order assign his benefit in that order to a suucessor aquiring his land from him, or is it personal to him. What is the situation if the Claimant has died and the right was to benefit a business he was running?
Submitted: 3 years ago.
Category: Law
Expert:  Joshua replied 3 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

May I ask if you happen to have it to hand the terms of the Tomlin Order please (omitting any personal info)?

Customer:

by consent

Customer:

cc dismissed

Customer:

def pay claimants costs agreed £5000

Customer:

further steps stayed except for carrying this order into effect

Customer:

1 Concerning Defs land (roadway edge green..def agree only park on land coloured brown not exceed 2.4 metres THEN PROVIONS RE MARKINGS

Customer:

2. Land cloured Red only used for turning save visitors to Def may stop on it for 10 mins

Customer:

3 Claimant agrees 1 & 2 above shall not interfere with his (Claimant's right of way).

Customer:

4. Terms of settlement shall only apply whilst Def remains owner of the Freehold interest of the raodway

Joshua and other Law Specialists are ready to help you
Expert:  Joshua replied 3 years ago.
Thanks for your rating. Unfortunaetly that ended the chat session but we can continue as a question an answer format.

Thank you for the above. Is there any more of substance to the TO or is the above all of the substantive elements? Were you the claimant or the defendant in the matter?
Customer: replied 3 years ago.


My firm acted for the Claimant. The Defendant neverreally complied but recently it has got worse and the Claimant's son wants to know abvout enforcement

Customer: replied 3 years ago.


My firm acted for the Claimant. The Defendant neverreally complied but recently it has got worse and the Claimant's son wants to know abvout enforcement


 


 

Customer: replied 3 years ago.


My firm acted for the Claimant. The Defendant neverreally complied but recently it has got worse and the Claimant's son wants to know abvout enforcement


 


Thats all the substance in the order


 

Expert:  Joshua replied 3 years ago.
Thanks. What benefit is the claimant seeking to assign? From what I can see above he has the benefit of costs. Otherwise the TO appears to give the defendant certain limited rights whilst he remains owner of the road but otherwise not grant the claimant anything further than he already had in terms of ROW?
Customer: replied 3 years ago.


To enforce the terms of the order that the defendant is breaching. He has a clear right of way that is now being blocked cobtrary to the order. The point being that claimant is no longer alive

Expert:  Joshua replied 3 years ago.
Thanks. Yes benefit of the order passes to the claimants personal representatives by virtue of s1 Administration of Estates Act. His PRs can enforce the terms of the order just as could have done the claimant.