Saturday, January 20, 2007

podcast no 147 Podcastpaul

Download the MP3 here
Podcastpaul 147
music from the podsafe music network:
The Reverse Engineers - Mercury in Retrograde
Mike Del Ferro - Swaziland Traditional Song
The Blue Alarm - When Mothers Conspire
Peopod - Music You live on Summertime
I talk about
Work - very busy
Wind & rain
Jade Goody - Shilpa Shethi
Tomorrow evening
The soundtrack of your life


Anonymous said...

Great show Paul. I have a question to ask and as I'm fuming at the moment. I have lived in my house for over 3 years and have two cars! I live on a end terrace1 mile out of Rawtenstall (where you have an office) We can get a car and a half at the side of our housebefore it hits a double yellow and have always parked our second car over half of it (for 3 years) without a ticket! Today I have just got a fixed pelanty fine and I have noticed that a sign has been fixed to my gable end (well it's been there ever since I moved here) stating no parking). My question is is this legal for the council to have a sign on my property without my permission as it's coming down tommorrow and being dumped throught the authorities letter box! Arraghh

podcastpaul said...

Your question concerns easements and covenants.

Much will depend on the conveyance that your solicitor undertook for you.

The council cannot simply come in and affix a sign to your house, they need permission, consent or order.

My guess is that your deed will contain an easement - or there will have been previous express or even implied consent to have the sign put in place.

My guess is that your deeds will contain the answer. If you find the police have just come in fixed the sign (this will hardly will be the case) without adequate notice, and the sign has not been there for too long you may simply be able to remove the sign and even claim damages.

Really, your Solicitor should have explained this to you, go back over your old correspondence to see if this was ever mentioned. If it wasn't mentioned , you might even have a claim against your awyer for professional negligence as this should have been explained to you.

Either way DON'T destroy the sign as it may get you in'll be committing a criminal damage offence!