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 Matt Jones Your Own Question

Matt Jones
Matt Jones, Solicitor
Category: Law
Satisfied Customers: 671
Experience:  I am a qualified and practising Solicitor with over 7 years post qualification experience
13732703
Type Your Law Question Here...
Matt Jones is online now

I have a neighbour who has to acquire sightlines over my front

Resolved Question:

I have a neighbour who has to acquire sightlines over my front garden in order to comply with planning approval for his development. Is there a standard formula for restitution in the eyes of the law?
Submitted: 1 year ago.
Category: Law
Expert:  Matt Jones replied 1 year ago.
HI there I ill try and help. Could you explain your situation a little more, and what you hope to achieve?
Customer: replied 1 year ago.

Hello Matt

A house that I own is adjacent to a development that is currently under construction. The developers have taken down the 2 metre fence (we erected the fence when we built our house in 2009) between us without our consent (allegedly it was hit by a visitor to their site).

Upon investigation I found the planning consent they are working to contains the following condition. "Prior to the commencement of development the access shall be constructed with the visibility splays of 2m x 43 metres and maintained at all times........".

The developer is clearly in breach of this condition as the visibility splays run across the front garden of the house that I own. Therefore they cannot guarantee their maintenance as I could erect a 2 metre fence across the visibility splay.

Prior to my contacting the developer I would be grateful if you could advise if there is a standard formula for restitution. I have heard that in the case of ransom strips on sites the restitution can be as much as a third of the development profit.

Regards

Paul Scammell

Expert:  Matt Jones replied 1 year ago.
Hi PaulYou are correct that in the case of Stokes v Cambridge the Lands tribunal rules a 1/3rd approach, however this is only a precedent to the extent that the fact allows. Each case tends to turn on its merits, however it is a good starting point for negotiation/discussion. A decision would be in part based on to what percentage extent any development on your land would impact on visibility splay, and the position of the houses and loss of amenity in general from your land assuming you couldn't built. You need to make sure that there is nothing contained in your deeds that would prevent any building on your land, for example there are sometimes covenants not build in front of a "building line". As I said it is a standard adopted by the court where they consider the "fair" settlement however this not set in stone and the cases before the lands tribunal turn on their facts.
Matt Jones, Solicitor
Category: Law
Satisfied Customers: 671
Experience: I am a qualified and practising Solicitor with over 7 years post qualification experience
Matt Jones and other Law Specialists are ready to help you

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.co.uk/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.co.uk/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.co.uk/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.co.uk/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.co.uk/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.co.uk/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.co.uk/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
 
 
 

Related Law Questions