Trespassing

Re: Trespassing

Postby SarahSue » Tue Aug 22, 2017 5:54 pm

Eliza wrote: "Basically, this neighbour is disrespecting you and trying to make out they have the right to power over your life. That isn't going to do wonders for your self-esteem if you let them keep walking (or driving) over you."

Spot on. We stood up for ourselves, made it impossible for our neighbour to encroach and trespass and it was well worth the money spent in putting a barrier up. The nonstop trespass attempts failed and a year later peace reigns.

I feel something physical in place would be the way to go, at least temporarily while you explore any legal options
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Re: ROW being blocked/obstructed

Postby arborlad » Wed Aug 23, 2017 7:44 am

arborlad wrote:
asprint wrote:The vehicular access to my property is via a ROW which passes over an access road to the front of the two neighboring properties who own the sections in front of them.




What separates your property from your neighbours, how obvious is that separation?...........any walls/fences, etc., what of the surface, does it change from concrete to tarmac?

A sketch or title plan might help.

I have asked for your threads to be merged.




It's going to be a lot easier to assist you when we know the layout of the properties.

Is the neighbour who is cutting the hedge also blocking your access, or is that entirely unconnected?
arborlad

smile...it confuses people
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Re: ROW being blocked/obstructed

Postby jonahinoz » Thu Aug 24, 2017 7:20 am

Hi,

It is an endorsable offence to drive onto private land without authority. There is an exception ... you may drive up to 15 yards (metres?) for the purpose of parking ... but you must park. The 15 yards is measured from the public highway. I don't know if somebody can drive off their land onto your land.

I "done a Google" for WHEEL CLAMPING ON PRIVATE LAND ... at one time you could call in a Man with a Clamp, whenever you needed him. But HMG changed all that. Clamping isn't allowed any more.

It is an offence to block somebody from leaving your property. It is an offence to block somebody from leaving their property by parking across their dropped kerb (police matter). It is an offence to block somebody from entering their property by parking across their dropped kerb (police probably not interested, LA should enforce). It is an offence to park across your own dropped kerb, unless you have permission from your LA. My neighbour failed her driving test because she stopped (not parked) too close to a dropped kerb.

If the visitors move their cars, then return as soon as you have passed ... come back in ten minutes ... and go out after another ten minutes ... and come back, etc. It's your right to do so ... somebody was paid so you can have that right.

There is a new business started up ... rent your drive by the day. So put up a sign PARKING £20 PER DAY OR PART OF A DAY. Be prepared to make a Small Claim. There is a fee, but I believe it can be added to whatever sum you are claiming. You have to turn up in court. Your neighbours visitors will have to turn up in court. Don't turn up? The other party wins! Enforcing the court's award may cost you more than it's worth ... but if they don't pay, banks may refuse a mortgage if CCJs are recorded.

John W
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Re: Trespassing

Postby mugwump » Thu Aug 24, 2017 6:28 pm

What is the offence for blocking somebody from entering their drive?

LA will only attempt to enforce if it was a dropped kerb installed to assist the disabled e.g. at road junctions/crossing points or similar.
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Re: Trespassing

Postby arborlad » Thu Aug 24, 2017 7:10 pm

Now merged - thank you.
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Re: Trespassing

Postby asprint » Sat Aug 26, 2017 11:07 am

Thanks to all of you who have responded and also for getting the threads merged.

It can been seen that this has been a long and drawn out problem with a neighbour who simply did not seem to recognise the responsibilities that went with a ROW and since being forced to complain to him he has over the years escalated it to the issues reported here. The individual clearly seeks confrontation which I do not and have therefore, chosen the more passive route hence going the previous legal route which I thought would be an end to the matter.

The boundary is clearly visible as it changes from a tarmacadamed to block paved surface which the neighbour has clearly been able to identify and not trespass on for the 2 years since he gave the written undertaking (and on numerous previous occasions when it has chosen to suit him) until the end of May this year.
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