Right of way and boundary issues

[Gareth79]

mm23 said:

I understand what you are saying I am currently looking for a local solicitor.

It’s been so annoying not having access around the back but in the hope if having amicable relations with neighbours we have tried asking them nicely.

Let’s see what they say…. I think legal advice is essential.

Have you checked your home insurance yet to see if you are covered?

[No ideas for a name]

It is obviously easy for me to say, less easy for you to do, but can't you just 'use' the access?
There is apparently no doubt about your rights, as it is covered in your deeds/land registry.

He would then have to take action to stop you - which of course could range from calling the Police and alleging trespass (which will go nowhere), punching you in the face (which will hurt), or taking legal action against you (which should fail).

You could in theory outsource the enforcement - telling your builders that they have legal access is likely to get them to use it. More so if they are scaffolders! Obviously tell them the full story, but show the access information - some would enjoy the sport.

In the olden days when I was active with Public RoW way stuff - you were legally allowed to 'abate' an obstruction - we fully legally moved trailers, trees, gates that were blocking lanes. This may well not apply to an easement such as yours, only public RoW.

Edit for spelling.

Edited by No ideas for a name on Wednesday 26th June 14:56

[JQ]

My father went through the same over Covid - new neighbour blocked his ROW with no intention of ever unblocking it. In my fathers case it was the only legal way to access the house that he'd lived in for 50 years. Numerous legal letters were sent to the neighbour pointing to both his and my fathers deeds stating the ROW quite clearly without resolution. It took an application to the Court for an injunction to actually get it resolved. I think the total cost was around £1,000. And it took 3 years, but that was primarily because the neighbour was an absolute . He would always be nice to my dad, always say he'd get it sorted, said he understood the problem and then proceed to absolutely nothing about it.

[Hugo Stiglitz]

JQ said:

My father went through the same over Covid - new neighbour blocked his ROW with no intention of ever unblocking it. In my fathers case it was the only legal way to access the house that he'd lived in for 50 years. Numerous legal letters were sent to the neighbour pointing to both his and my fathers deeds stating the ROW quite clearly without resolution. It took an application to the Court for an injunction to actually get it resolved. I think the total cost was around £1,000. And it took 3 years, but that was primarily because the neighbour was an absolute . He would always be nice to my dad, always say he'd get it sorted, said he understood the problem and then proceed to absolutely nothing about it.

Hoping your dad would feel embarrassed for asking again and give up?

Glad it didn't work out for your dad's neighbour.

[borcy]

JQ said:

My father went through the same over Covid - new neighbour blocked his ROW with no intention of ever unblocking it. In my fathers case it was the only legal way to access the house that he'd lived in for 50 years. Numerous legal letters were sent to the neighbour pointing to both his and my fathers deeds stating the ROW quite clearly without resolution. It took an application to the Court for an injunction to actually get it resolved. I think the total cost was around £1,000. And it took 3 years, but that was primarily because the neighbour was an absolute . He would always be nice to my dad, always say he'd get it sorted, said he understood the problem and then proceed to absolutely nothing about it.

How do you get on with neighbours after that, do they just say 'sorry it was all a big mistake '

[JQ]

Hugo Stiglitz said:

JQ said:

My father went through the same over Covid - new neighbour blocked his ROW with no intention of ever unblocking it. In my fathers case it was the only legal way to access the house that he'd lived in for 50 years. Numerous legal letters were sent to the neighbour pointing to both his and my fathers deeds stating the ROW quite clearly without resolution. It took an application to the Court for an injunction to actually get it resolved. I think the total cost was around £1,000. And it took 3 years, but that was primarily because the neighbour was an absolute . He would always be nice to my dad, always say he'd get it sorted, said he understood the problem and then proceed to absolutely nothing about it.

Hoping your dad would feel embarrassed for asking again and give up?

Glad it didn't work out for your dad's neighbour.

I don't think so, I just don't think he cared, despite all the smiles he was a nasty piece of work. Still is.

After it had all been resolved, his builders started digging a trench along the ROW. Only my father and another neighbour use the ROW, the tt does not use it. It transpires he intended to build a wall the length of the ROW with electric gates at the entrance - so every time my 80yr old father had a visitor or delivery or need to nip out they'd have to use the gates. Gates that the tt owned and maintained - we made the assumption they'd likely break a week after installation and take months, maybe years to repair. Both neighbours told the tt they didn't want gates, he said tough. After legal advice, it transpires he could legally put gates on the access and there's nothing could be done about it. We estimated the total cost of the works to be around £15,000 for which he'd receive absolutely no benefit other than to ps off his neighbours. After 3 years of hell the other neighbour snapped and resorted to threats of violence - it worked. The trench was filled in and my dad gets to use his drive as he had done.

borcy said:

How do you get on with neighbours after that, do they just say 'sorry it was all a big mistake '

My dad's the nicest guy in the world and he stopped me saying anything to the neighbour. Dad still talks to him but the other neighbour won't and he's still up to his st. The tt's logic was that he built a new access for my dad to use therefore he no longer needed to use his ROW - it'll be fine, don't worry. The issue was that this was land neither owned by my father or the tt and who neither had the legal right to use or were going to be given the right to use. So once it all got resolved the actual landowner (who has a team of groundsmen) grassed their land that had been damaged by the neighbour which is outside my father's front window. 3 times now, the most recent 2 weeks ago, "someone" has put weed killer down just on that part of the land. The landowner has now had to write to my dad's neighbour threatening legal action if happens again, as they will lose their own pesticide licence as they have no idea what he's spraying.

My dad's 83 and is being the bigger man and not getting worked up about it, but it has taken its toll on him. I struggle to contain myself at times and desperately want to call him out. And just to be clear this is not chav family - the neighbour is a Consultant Doctor, living with his children who are all doctors. His only neighbours are my dad, the other neighbour and the team of groundsmen - they all hate him. My dad's just too polite to say anything, but the other's have made their feelings clear. I just can't imagine living like that.


OP - I hope you get this sorted. Based on what you've presented you have a solid case, but unfortunately it's going to cost you money to get it resolved. I would suggest any good local conveyancing solicitor will be able to help - with the ROW in the deeds it's not complicated to enforce, just expensive if they chose to be awkward. Best of luck and please let us know how you get on.

[Frankychops]

blueg33 said:

-Cappo- said:

WyrleyD said:

Equus doesn't live here anymore....

What's the story there? Has Equus been banned? What did HE do which caused that to happen?

He certainly didn't suffer fools gladly.

Like me, I think he found the "armchair" experts in his field of knowledge very tiresome. You can easily end up in an argument with people spouting absolute tripe as gospel and misleading the Op or people with a genuine issue with planning, etc.

Over the years a few PH'ers have employed him directly, as some have come to me directly for land law and development advice. Those ones tend to respect the knowledge we have.

Biggest gripes for both Equus and I are:

"the developer obviously bribed the planners"
"developers are nasty because land banks"

Both total nonsense spouted on here a lot by people without a single clue.

I suspect Equus explained to an idiot, the idiocy of their statement in his usual blunt way. But there was also an ongoing debate with a potentially corrupt councillor on a planning committee.

Did that Councillor also put a bag of lime render in his bed(shaped like a horses head)?