These DRAFT PLANS will form the HM Land Registry first registration title process. ALL SIZES HERE ARE APPROXIMATE They will undergo the statutory Cadastral planning process at HM Land Registry.
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Noss Head Lighthouse Station
THE LIGHTHOUSE ENGINE HOUSE
Septic Tank Neighbour Dispute : Resolution Efforts
Option “A” or Option “B”
Active Legal Proceedings on Title Caution: SUSPENDED on 24-12-2021
^^^ The Engine House ^^^
Noss Head Lighthouse Station.
Showing HM Land Registry Title Boundary (here).
There is currently NO direct access to the sea across the cliff-top edge.
This cliff-top edge land owned by Noss Head Lighthouse Station Ltd (title ownership evidence: click here). The owner of the land and various buildings at Noss Head Lighthouse Station (except the LANDLOCKED Engine House) REFUSE to grant access nor wayleave permission to the current owner of the Engine House building as this would RISK DAMAGING the cliff-edge and at best, likely cause structural/subsidence damage to THREE iconic Grade “A” Listed buildings.
^^^ Engine House ^^^
The landowner’s concern at a risk of damage cliff-edge has precedent…
Noss Head Lighthouse Foghorn.
Attribution: J. Adams.
This Foghorn Building was demolished by the Northern Lighthouse Board. Otherwise known as the NLB, they have 236 years of experience, with a current portfolio of 206 lighthouses of which the principle ones are listed here.
Consequently, the owners this compound: Noss Head Lighthouse Station Ltd., (excluding the tower), defer to the expertise of the Northern Lighthouse Board.
If the NLB deem the cliff face promontory compromised and demolish the Fog Horn Building, we believe that the cliff-edges in bought from the NLB by Noss Head Lighthouse Station Ltd., should NOT be interfered with, nor jack hammered, nor have heavy machinery digging large bore holes risk causing a cliff-edge collapse.
Fortunately, on 24th December 2021 a new buyer for the Engine House contacted the directors of Noss Head Lighthouse Station Ltd., and with diplomacy and goodwill, both parties have reached provisional agreement to resolve the dispute and ensure the three Grade “A” listed lighthouse buildings are NOT damaged. Nor will the lighthouse property be placed in unnecessary risk of subsidence caused by unwise jack-hammer drilling and/or heavy goods vehicle and/or JCB works near to the cliff edge due to access and/or bore into the rock and sinking a septic tank hole far too close to the cliff edge.
^^^ Narrow Cliff Edge Access To The Engine House ^^^
This land is owned by Noss Head Lighthouse Station Ltd.
As a measure of goodwill…
The current ex parte preparatory averments against the owner of the Engine House, Ms I. Robinson and related parties, preventing their crossing or using land owned by Noss Head Lighthouse Station Ltd (here) as the pursuer in court against the owner of the Engine House (here) has been temporarily suspended by the pursuer.
For the avoidance of any doubt, NO legal proceeding against the parties currently negotiating to buy the Engine House building have been, nor are intended to be presented to the duty sheriff at the local court nor, due to the protocols involved, their Lordships at the Court of Session (narrated in pleadings offsite). This is due, thankfully, to the initiative of the prospective new owner of the Engine House having the wisdom to contact the owner of the clifftop and cliff edges, Noss Head Lighthouse Station in constructive efforts to resolve these concerns and remedy the dispute without taking up the time of HM Court.
^^^ Noss Head Lighthouse Station ^^^
Cliff top is highly STABLE for millennia. Providing construction works avoid fracturing any ancient fault-lines in the rock formation.
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NEXT SEGMENT
SUMMARY
OF THE PROPOSED SOLUTIONS
TO CURRENT PRE-LITIGATION MATTERS.
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Noss Head Lighthouse Station
ENGINE HOUSE
Septic Tank Dispute Resolution
OPTION “A”
(includes substantial increase in the)
(Engine House land ownership: approx 1.25 acres)
Had the current owner of the ENGINE HOUSE (as at 30th November 2021), Ms Irene Robinson and especially in her absence, her representative, Yvonne Fitzgerald Estate Agents responded to any of the pleas from the lighthouse station landowner to seek wise counsel from professor-grade geologists and/or specialist solicitors in a meaningful manner, this near-neighbour dispute and litigious situation would likely NOT have reached this stage.
The provisional Persuer, Noss Head Lighthouse Station Ltd., wish to demonstrate their willingness to RESOLVE this DISPUTE by surrendering some of their land in an effort to avoid wasting the Court’s time.
=> With respect to Ms Robinson, soon after she bought the Engine House, she requested the option we as owner, sell her a significant parcel of land extending to about 1.25 acres. The purpose at that time was to increase the area of her garden and lighthouse land ownership.
The guide of £10,000 plus our legal fees was provided to Ms Robinson for the approximate 1.25 acres of land at the Pirate’s Cove as described in the area shaded green on the first draft plan drawing below.
The guide of £10,000 plus fees was held open and technically remains open. Albeit our costs plus legal and technical advice have increased and we seek to recover these directly or indirectly. The new owner may wish to reflect on whether to alter their purchase offer to ameliorate these increased costs.
=> Guide: £14,623.
(£10,000 plus legal conveyancing outbound (£600 + VAT) + title plan and cadastral technical plan costs (£100 + VAT) + litigation advisories (Solicitor and Advocate (Scots QC) + and related costs in respect of ex-parte action £3,783.33). Total £14,623.
^^^ Land Surrounding The Pirates Cove ^^^
This includes an access strip of land from main lighthouse station private roadway with additional access to the lower level ground to the north of the Loch, adjacent to the overflow burn/tributary. This is required for SAFER installation of a Septic Tank far away from the main cliff-edge and catastrophic risks such groundworks expose the other buildings and potentially vast costs involved.
=> Locating the new septic tank facilities at the lower ground to the north of the loch water overflow burn, described as this OPTION “A”, is designed to have sufficient land to accommodate a septic tank installed and a “soak-away” filtration facility area if so required by the statutory authorities.
This option continues to be made available to the new owner of the Engine House to remedy the septic tank dispute and reduce to a minimal danger and/or risk of structural damage to the THREE Grade “A” listed buildings at the headland by boring/jack-hammering a septic tank hole with 8 to 16 feet (or thereby) of the 125 foot high cliff edge and risk hitting a structural fault-line with an ensuing collapse/sheering off of several thousand tons of cliff rock-face as can be clearly evidenced to the easterly side of the lighthouse compound from the reported incident of 1848 and original construction/mining/groundworks of this lighthouse station.
Here is the DRAFT plan for HM Land Registry Cadastral Mapping department in order to obtain new Title Numbers for the various remaining elements to access the new/proposed septic tank location as shaded in ORANGE. It is important to note and future-proof the planning aspect, that septic tanks require regular access by heavy goods vehicles to empty them. Typically on an annual basis depending upon use volume…
^^^ DRAFT PLAN ^^^
FOR CASADTRAL MAPPING BY HM LAND REGISTRY
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Noss Head Lighthouse Station
ENGINE HOUSE
Septic Tanc Dispute Resolution
OPTION “B”
(Access Road + Septic Tank Area ONLY)
Immediately below these two paragraphs is a plan with the area shaded in blue that the owners, Noss Head Lighthouse Station Ltd., are content to sell for £4,000 plus current company costs accrued. Each party to pay their own legal fees respectively. This is the sale of the entire area tinted BLUE and ORANGE on the map. Plus rights to pass across the area shaded orange for access to the pipework and septic tank installation in perpetuity.
This is the minimum area of ground estimated as required for SAFER installation of Septic Tank and if needed: a soakaway, so that there is minimal danger of structural damage to the THREE Grade A listed buildings at the headland. Either option is sufficient for the LANDLOCKED Engine House to secure purification of the soil water discharge by Noss Head Lighthouse Station Ltd. Main Office: Abbey Studios, 280 High Street, Arbroath, Angus, DD11 1 JF.
^^^ Proposed Septic Tank Solution ^^^
To purify and extinguish the soil-water and effluent dispute
between landowner and owner of the landlocked Engine House.
The title plan that would be registered in terms of OPTION “B” will include the areas shaded blue and orange in the DRAFT drawing above, and ONLY this relatively small parcel of land.
This option is to purchase the areas shaded BLUE and ORANGE only has a price of £4,000 + £4,623. This also includes a right of access in perpetuity over the area shaded orange by the other owners of buildings and land at the Noss Head Lighthouse Station as per the earlier title conveyance of 23rd May 2017.
=> Guide: £8,623.
(£4,000 plus legal conveyancing outbound (£600 + VAT) + title plan and cadastral technical plan costs (£100 + VAT) + litigation advisories (Solicitor and Advocate (Scots QC) + and related costs in respect of ex-parte action £3,783.33). Total £8,623.
=> A non-refundable 10% deposit requires to be paid at the Conclusion of Missives (legally binding contract).
For reference: the following is the draft plan prepared by the current owner’s conveyancing professionals in relation to the SOLE piece of land upon which the title to the Engine House is derived…
^^^ The Engine House ^^^
^^^ Noss Head Lighthouse Station ^^^
^^^ Title Plan Documentation ^^^
^^^ The Engine House ^^^
^^^ Noss Head Lighthouse Station ^^^
There are alternate locations for septic tanks that are located far away from the three Grade A listed buildings and do NOT risk damage/subsidence/cliff-fracture.
Safer locations can be studied here…
^^^ Minimally Invasive Groundworks ^^^
^^^ Hand dug as per the orange line in the plan above ^^^
4 inch diameter pipework (here) and adequate construction staff and site insurance should be materially safer than drilling into rock dangerously close to a 125 foot high cliff-edge that already carries several thousand tons of heavily engineered Victorian lighthouse buildings. The area and volume requiring to be drilled into rock with fault lines lurking below is significant…
^^^ Compare the 4 inch pipe groundworks ^^^
^^^ to a full rock sunk septic tank size ^^^
Source: Here
This is the end of this page.
The director of Noss Head Lighthouse Station Ltd., managing this matter is currently unwell.
The new/proposed owner of the Engine House has been refreshingly positive and constructive seeking to resolve the historic problems that were not of his making. As a result, errors and/or omissions may require exempted as, this page has been expedited at the request of the new owner.
Consequently there may be further questions arising. In this circumstance, please email the other director…
Mr David Rutherford ~ david.tayportgroup@yahoo.com
Alternatively via traditional Royal Mail post to:-
David Rutherford, Noss Head Lighthouse Station Ltd., Head Office, Abbey Studios, 280 High Street, Arbroath, Angus, DD11 1JF.
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