PRIVATE RIGHT OF WAY BLOCKED

Re: PRIVATE RIGHT OF WAY BLOCKED

Postby mr sheen » Mon Mar 20, 2017 10:52 pm

Beware of making claims of court action that you are not willing to see through. If you embark on court action you need to follow it right through. In this case it is Unlikely IMO that the neighbour will back down with a mere threat of court action. He may well have evidence that we are not yet aware of.

You cannot prove to the police that you have a ROW without a court order. You can say you believe that you have but since you aren't a lawyer specialising in Land Law your word is one of a lay person and the police just have to keep the peace and deal with criminal law.

You need to prove your case in court if you want the fence removed. That means going to court not making empty threats.

If I was the neighbour and I had fenced off the land years ago without any objection I would call your bluff if you threatened court....and he may well do the same. If your evidence is very strong (you have the burden of proof) and his is weak, he could force you all the way to approaching court and then just remove the fence. This would achieve what you want ie the fence removed but would have cost you a pretty penny or perhaps 1000's of £... Makes it an expensive house but with a restored ROW. Be clear about your objectives, desired outcomes and commitment to paying for them.
mr sheen
 
Posts: 2007
Joined: Fri Feb 27, 2009 3:33 pm

Ads are not endorsed by www.gardenlaw.co.uk or the staff thereof and visitors should perform their own due diligence on the product or service offered.
 

Re: PRIVATE RIGHT OF WAY BLOCKED

Postby despair » Mon Mar 20, 2017 11:25 pm

Mr Sheen

i have to wonder how no 6 can have managed to legally blow the ROW unles they have purchased the ROW rights from the other 5 houses in which case the deeds should have been altered to reflect this

maybe you know something i dont but i understood that a ROW cannot be extinguished by any other means

i do agree the OP and their solicitor should have investigated furthur and we dont know what the vendor wrote on the SPIF
despair
 
Posts: 15965
Joined: Mon Mar 14, 2005 8:07 am

Re: PRIVATE RIGHT OF WAY BLOCKED

Postby ukmicky » Tue Mar 21, 2017 1:20 am

MacadamB53 wrote:Hi despair,

they are acting illegally

they are acting unlawfully, not illegally - there is a difference.

Kind regards, Mac


They may be acting illegally. Its a criminal offence to prevent a statutory provider from accessing their equipment .
Advice given is not legally qualified and you are advised to gain a professional opinion
ukmicky
 
Posts: 4434
Joined: Sat Sep 27, 2008 10:13 pm
Location: London

Re: PRIVATE RIGHT OF WAY BLOCKED

Postby arborlad » Tue Mar 21, 2017 8:51 am

Lady1 wrote:Next door had the police out a couple of weeks ago as we have had nothing but agro with these neighbours. My partner showed the neighbours our deeds showing the brown line with the access on and they said the council about 20 years ago let them gate it all off.




Are these ex Council/HA properties?
arborlad

smile...it confuses people
arborlad
 
Posts: 7163
Joined: Sun Jul 09, 2006 6:30 pm
Location: Hertfordshire

Re: PRIVATE RIGHT OF WAY BLOCKED

Postby mr sheen » Tue Mar 21, 2017 9:03 am

If a statutory body was being prevented from accessing their equipment, their legal team would be on the case immediately and would bill the obstructor for their costs. So I am sceptical about this issue as outlined.

If a right of way exists then it exists ad infinitum until such time as it is legally extinguished. I usually advocate physically removing any obstruction where a ROW is clearly indicated in the deeds and an obstruction has recently been erected. However each case has to be considered on its merits in terms of the best way forward and this obstruction pre-dates the OP purchase of the property a very important point, further complicated by the fact that the obstruction has not been challenged and no other property seeks to challenge it......why? Is there something we don't know?

These appear to be ex-LA properties which are really complex in terms of the legal aspects and hence I never jump to conclusions about what may or may not be the correct legal position in these cases having been directly involved in the legal aspects of ex-LA properties...they are often complex anomalies with all sorts of clauses and non-conformist quirks.

The police cannot decide who has what rights, they can only keep the peace and enforce criminal law. Damaging a long-standing fence without a court order may well result in an arrest for criminal damage, hence it would be foolish to go down that route.

We only have sketchy info from the OP but that seems to suggest a ROW exists. However the OP purchased the property in full knowledge that the ROW was obstructed and hence had not been used for years. The obstructor is Unlikley to remove the obstruction since he seems to believe he has rights too and has called the police on the OP. so the only way forward in this specific case IMO is court action to get the obstruction removed. Very few people these days are spooked by solicitors letters threatening all sorts of nonesense and empty threats. IMO only send solicitors letter if you are willing to go through to court action. Either you enter legal action with the full intention of seeing it through or you accept the status quo. Sending letters to people who have obstructed a ROW for years and who have called the police on you will not get the desired outcome.

I suggest getting specific advice from a specialist solicitor who has expertise in ex-LA properties, easements and Land Law before taking any further action.
mr sheen
 
Posts: 2007
Joined: Fri Feb 27, 2009 3:33 pm

Re: PRIVATE RIGHT OF WAY BLOCKED

Postby stufe35 » Tue Mar 21, 2017 4:00 pm

further complicated by the fact that the obstruction has not been challenged and no other property seeks to challenge it......why?


Perhaps because no ones access is actually blocked ..faced with spending your hard earned cash on having fun, or fighting a court case against your nasty neighbour over whether you can choose to turn left or right when you go out your back gate instead of just having one option available...I know which I would be tempted with.

If the obstruction actually totally blocked someones access I think the situation would be very different.
stufe35
 
Posts: 717
Joined: Mon Nov 05, 2012 4:06 pm

Re: PRIVATE RIGHT OF WAY BLOCKED

Postby arborlad » Tue Mar 28, 2017 3:15 pm

Lady1 wrote:No access at all from that side. There is a gate on the access point then an heras fence at the side of the back of my house where the part shaded blue is.




Without the plan that information is of no use.

Be sure to verify any information you get via PMs with a reliable third party.
arborlad

smile...it confuses people
arborlad
 
Posts: 7163
Joined: Sun Jul 09, 2006 6:30 pm
Location: Hertfordshire

Ads are not endorsed by www.gardenlaw.co.uk or the staff thereof and visitors should perform their own due diligence on the product or service offered.
 
Previous

Return to Rights of Way

Who is online

Users browsing this forum: No registered users and 4 guests