ROW being blocked/obstructed

Re: ROW being blocked/obstructed

Postby arborlad » Sat Aug 12, 2017 5:36 pm

Best to stick to one thread:




asprint wrote:The access to my property is via a ROW which passes over an access road, owned by the two neighboring properties. My deeds give me the right to pass and repass etc. However, no such right is give, nor needed, over any part of my property.

Ever since I moved in in 1999 I have had problems with my immediate neighbour either parking on the ROW or people visiting doing so totally blocking access to and from my property. In the end I had to complain and ever since then relationships have been extremely difficult with repeated flare ups over the preceding years over being blocked etc. Then a few years ago I found him trespassing onto my property with his car and on foot. I tried to bringing this to and end without confrontation many times by placing my trolley bin at the entrance to my property, which on the first occasion he simply drove his car into knocking it flying. I challenged at that time and he agreed to stop trespassing but over time he continued to do so.

A couple of years or so ago I installed CCTV and started to record the incidents and in the end I and so saw a solicitor who issued an intent to seek an injunction against him because of his trespassing. Despite the rhetoric and denials he ultimately gave a written undertaking to cease trespassing onto my property.

Unfortunately since the end May this year he has again started trespassing onto my property with his car every time he returns to his property which is more or less every day.

What weight does his previously written undertaken to cease trespassing onto my property have or has one got to go through the same costly process of engaging a solicitor again threatening an injunction and would a court support/give one anyway? He is clearly forcing the issue again.

So what are the options open to me?
arborlad

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

Postby ukmicky » Sun Aug 13, 2017 4:43 am

asprint wrote:Unfortunately legal assistance has been refused because these problems started before the commencement of my existing policy.

However, on talking to the legal assistance team they advised that since it is mainly people visiting the neighbor that are parking and blocking the ROW that an injunction against him would not stop the problem as he can not be made responsible for third party actions as it would be impossible to prove that he is encouraging them to park there. So it seems that nothing can ever be done is that correct?



Provide lots of evidence they are going into his house and are not moving their vehicles within reasonable time.

The law wouldn't expect him to be standing at the roadside telling them as they enter not to block your right of way but would expect him to take reasonable steps once they have arrived to move any car on his land obstructing your right of way . He doesn't have to encourage them for it to become his problem . Its his land and he has ultimate control over the parking arrangements of those visiting him and parking on it.
Advice given is not legally qualified and you are advised to gain a professional opinion
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Re: ROW being blocked/obstructed

Postby arborlad » Sun Aug 13, 2017 10:33 am

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.
arborlad

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Re: ROW being blocked/obstructed

Postby SwitchRich » Mon Aug 14, 2017 9:08 am

Sorry to be pedantic but Scotland is for the moment, and hopefully for a long time in the future. A part of the UK :)

I think the best advice here is to start a log of incidents. If you have a smartphone with a camera then each photo it timestamped which greatly helps you with your diary. Start collecting that now! Once you have some good evidence only then would I start going down the legal/letter route.
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Re: ROW being blocked/obstructed

Postby despair » Mon Aug 14, 2017 5:44 pm

Did your previous Insurance include legal cover ? Because you can use that if it fits the timeframe
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