How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Joshua Your Own Question

Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
35043042
Type Your Law Question Here...
Joshua is online now

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: 2 years ago.
Category: Law
Expert:  Joshua replied 2 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, Lawyer
Category: Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
Joshua and other Law Specialists are ready to help you
Expert:  Joshua replied 2 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 2 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 2 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 2 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 2 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 2 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 2 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.

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice