Easement or Right of access

Re: Easement or Right of access

Postby ulu1kim » Thu Jan 19, 2017 9:15 pm

Hi cabbagewhite I did make a 'marker hole in the fence ' I will post a picture time and dated for you, your comment 'you sound a little emotional' is a fair comment, part of the 'nastys' threatened to sodomize my son (14 yrs) and his friend, he also threatened to glass in the face my 14 year old son whilst 'backed up' by the local landlord who stood behind this customer as he waved a glass in my sons face having tipped the beer out of it as he stated he would wait until dark catch my Son and give him a 'beating of his life', one of the hardest days of my life was staying in my home and not 'disassembling' the neighbour who made these threats. In the name of 'fair play' I invited both the landlord and the chap who made threats to discuss the incident with me as i was unhappy, they chose not to take up my invitation, and as informed should they refuse my invitation I contacted the police, i understand the publican and the person that threatened my son were given 'words of advice'
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Re: Easement or Right of access

Postby ulu1kim » Fri Jan 20, 2017 2:44 pm

Twice I have removed the fence across by wiggling it out, ( want to put a gate in) each time they replaced it, I wiggled out the posts i could one was so well embedded I could not get it out so i put my chainsaw through it, I have been told by the local police that it is criminal damage, I disagree I felt justified in cutting it down. Tomorrow I have an interview with the police I believe they are wanting to charge me with criminal damage. Approximately a month ago I sent all relevant documentation to the police force solicitor, unfortunately he has not as yet got back to the boys and girls in Blue to advise them, I have now made an official complaint as suggested by 'Pilman' unlawful interference of my rights under property law by the police, my points being aside of interfering with my rights its clear to me there isn't any clear direction for the folks in Blue, some say they are not allowed to look at the evidence I have offered to show them which proves my rights, some have seen the evidence I have, fact of the matter is it is not only unfair on myself it's unfair to send officers out without the correct guidance, I will say when the 'Blues ' have attended they have been really good, more than once or twice all of us have stood scratching our heads as to what's right or whats wrong, with the help of this site i am much more educated regarding property law. I will be provided with a solicitor fingers crossed he'll have some idea regarding property law.
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Re: Easement or Right of access

Postby MacadamB53 » Fri Jan 20, 2017 3:38 pm

Hi,

you may well have a lawful right to self-remedy the situation - that much is true.

but taking a chainsaw to someone's property might not be considered proportionate or reasonable.

that is why you've got plod on your case.

Kind regards, Mac
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Re: Easement or Right of access

Postby ulu1kim » Fri Jan 20, 2017 10:05 pm

know what ................. i dont care any more, the female that granted me the access holds out to the death , i contacted planning aware of 'her' failure regarding a turning circle and a parking area OOO guess what despite her 'parking area on my easement planing passed it, not censored happy . As said in earlier post due to the fact i could not remove post and took saw to it an interview i must have to defend my self re 'inappropriate charge of criminal damage '
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Re: Easement or Right of access

Postby ulu1kim » Fri Jan 20, 2017 11:09 pm

we all know how 'emotional ' how females can be ................ just out of pure interest should a 6 foot 3 chap threaten to 'sodomize your son ( your son at 14 year old) plus make a point of tipping the beer out of his glass making his intention clear ie 'glass the young man in the face ' prettyfuckng clear of threatening behaviour I really must ask if you might find it a tad difficult .................. not to be emotional as you restrict yourself to your household, allowing your self not outside the door for fear of ................... resource
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Re: Easement or Right of access

Postby Collaborate » Sat Jan 21, 2017 8:39 am

I think this has gone beyond the stage where you seek legal advice regarding a land law problem. It is clearly causing you anger, anguish and upset, but please try to moderate your language.
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Re: Easement or Right of access

Postby Luigi Mario » Mon Jan 23, 2017 1:03 am

ulu1kim wrote:we all know how 'emotional ' how females can be ................ just out of pure interest should a 6 foot 3 chap threaten to 'sodomize your son ( your son at 14 year old) plus make a point of tipping the beer out of his glass making his intention clear ie 'glass the young man in the face ' prettyfuckng clear of threatening behaviour I really must ask if you might find it a tad difficult .................. not to be emotional as you restrict yourself to your household, allowing your self not outside the door for fear of ................... resource


Look you need to manage the situation and take control. It's very obvious they're winning because you're letting them get to you and by being emotional you're not thinking straight. You're currently mentally impaired and this what happens when you try to mediate with bullies. It doesn't work!

First read this link.

http://www.nfh.org.uk/beyond-mediation/

They also recently did a new article which I haven't read myself but might be worth a read.

http://www.nfh.org.uk/harassment-from-your-neighbour/

Next you need to get yourself a log book and write in the book any incidents you or your family encounter. Remember to date and time the incidents in your book. After this, protect your property with CCTV to get evidence of trespassing and harassment. Sadly CCTV doesn't act as a deterrent and these people will commit these acts even on CCTV. However, by gaining evidence on them, it may make them think twice and this evidence will come back to haunt them. Finally look at hidden spy gear when you go outside.

You're not the only one with bullies living next door. What is important is knowing your rights and what you can or can't do. This way you're fully protected when something does happen. Please don't let them get to you. You're better than them but you don't have to prove it to them. You have to live your life.
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Re: Easement or Right of access

Postby mr sheen » Mon Jan 23, 2017 10:39 am

Police Officers are not Lawyers therefore they are not in a position to consider legal documentation or make decisions about who has what rights and will not waste their time trying to do so.

The Police will seek to keep the peace and will get involved in criminal acts. They will also assist where a court/Judge has analysed evidence and come to a judgement about the evidence and produced a court order.

No-one here can fully analyse a legal dispute since they do not have access to evidence on both sides of an argument....this is why both sides present evidence in court and a Judge weighs up the evidence and makes a judgement.

The OP is now in a position where he may get a criminal record and has had so much Police involvement that any court may consider his conduct is such that he does not come to court with the required clean hands if he is the claimant.

To OP.....this matter is getting out of hand...either get the advice of a solicitor and take the matter to court or forget it....if you can actually get to and from your property then that is all you are likely to end up with anyway. The direction this is going is likely to get you a criminal record which is totally different to a civil dispute.

if you don't like where you live.....or it no longer meets your needs...or it is giving you too much stress......we are very lucky in that we live in a free country where you can walk away ie move! Many people reply with abuse and endless 'reasons' why they can't do that...but it is an option to everyone. If you really feel that your son has been threatened, why would anyone stay there? Or is this just 'puffing'?

I would move rather than get a criminal record or be subject to threats or put my children at risk.
You also have that option. You also have the option to take this matter to court and let a Judge decide on yours and your neighbours rights. You might find that moving is cheaper! But your true options are limited...move, forget it and 'move on' or take your case to court.

Endless rants on here will actually achieve nothing. In your discussion with the Police you will find that the defence of...'some bloke on Gardenlaw told me it was ok!' Will not really hold!
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Re: Easement or Right of access

Postby ulu1kim » Tue Jan 31, 2017 11:15 am

Apologies for the language, no not just 'puffing' after reporting the incident regarding my son the landlord and the nasty who threatened him they were given 'words of advice' I have now taken matters into my own hands and have taken action to protect my property ie served notice of intention to remove obstacles, I then removed some of the obstacles as far as i understand having served notice should some damage occur it can't be considered as criminal damage, I chopped the barbed wire off the post sick to death of being ripped to bits by it, I was arrested for criminal damage,they surrounded my entire property with cc TV covering all my doors and windows, easy enough to say 'move if you don't like it' who's going to buy a property when the access is being blocked and disputed. No matter having taken action ie posts down and chains and ropes on cars ready to tow, it appears the local police have decided to look at the situation, bearing in mind that twice over the last 6 weeks I have provided all documents to the police force solicitors. I was taken to court by the police who wanted me 'bound over to keep the peace' apparently the police told me i have set a precedent as the court refused to comply with the polices request and will be summoning relevant parties to court to explain why they are not allowing my access.
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Re: Easement or Right of access

Postby SwitchRich » Tue Jan 31, 2017 11:36 am

Sorry kim but your last post is a bit confusing... Did you say you were arrested? If you could add more detail as to what has happened that would be great!
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Re: Easement or Right of access

Postby ulu1kim » Wed Feb 01, 2017 6:41 pm

I have been arrested four times this week by the police for criminal damage.
I sent all relevant documentation to the police force solicitors six weeks ago.
Having received no response I escalated it to a complaint against the police, unlawful interference with my right to protect my property.
I took to working at night because previously the moment I attempted to exercise my rights and start to remove the obstacles the police were straight out and stopped me. I took to working at night because I had a little more time to remove obstacles before they came out. I have been arrested 4 times and charged with criminal damage. The police sent me to court with the request I be 'bound over to keep the piece, the court refused, the court have now summoned the relevant parties to explain why they are refusing my access.
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Re: Easement or Right of access

Postby ulu1kim » Wed Feb 01, 2017 6:45 pm

One of the arrests involved me being held face down with armed police pointing weapons at me, they are trying to charge me with having a lethal weapon in a public place, I could not remove the staples holding the barbed wire in place and was pretty fed up of being cut to bits by the barbed wire as i removed the posts, I chopped the barbed wire off each post before i removed it with an axe.
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Re: Easement or Right of access

Postby mr sheen » Wed Feb 01, 2017 7:04 pm

There is a civil dispute about the property here. You cannot deliberately damage property you do not own. A court has to determine who owns what when it is disputed. You have to prove your assertions to a court and a court order will be issued. Only when the civil matter has been determined by a court will you be able to inform the police of the position.

Police solicitors cannot be used to review civil cases, otherwise the civil courts would become irrelevant and costly civil cases would just be sent to the police solicitors....a situation that is untenable.

The police are tasked with keeping the peace not determining civil disputes. If you are causing damage to property and behaving in a disruptive manner, you will continue to be arrested; be considered to be the aggressor and will end up with a criminal record....is this really worth it????

You have no choices other than those I have already highlighted...
Forget the matter and move on with your life
Take the matter to court
Move house ...I would move in a flash...(.much cheaper than court case!)... if I felt my family was under real threat...but at the moment the threat appears to be you....a situation that you need to take control of!.
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Re: Easement or Right of access

Postby arborlad » Wed Feb 01, 2017 9:48 pm

ulu1kim wrote:
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If you disregard the fence and cars, are you now able to drive from the highway and park on your land?
arborlad

smile...it confuses people
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Re: Easement or Right of access

Postby Luigi Mario » Wed Feb 01, 2017 11:41 pm

ulu1kim

This may not be correct and I hope other members may fill in the gaps or correct me.

I'm very concerned you had been arrested on several occasions and this could come back to haunt you if this ever goes to court. You need to protect yourself and by being arrested on several occasions, this could be seen as counter-productive in your case. By 'committing illegal acts' on someone else's land with right of way can allow your right of way to be removed.

Before you attempted to remove the fence. Did you send a recorded letter requesting your neighbour to remove the obstruction(fence) in a reasonable time frame and ask your neighbour to seek legal advice? Did you also state the reason why you wanted the fence to be removed and if the fence wasn't removed by the deadline, you would remove the obstruction yourself. If that's the case did you put down yourself wouldn't be responsible for any damage occur when you carefully remove the fence?

If you follow the procedure correctly, all you had to do is show the copy of the letter to the police, tell them it's a civil matter and in theory, all they can do is ask you to stop. Then you tell the police you gave the neighbour approx two weeks notice but you're willing to give them a further week notice for them to get out an injunction.


This may not be correct and I hope members would correct any errors. However, you need to look at it in a legal point of view. Your neighbour should be getting out an injunction to prevent you from removing the fence. So either you haven't following the procedures correctly, your neighbour hasn't got a leg to stand on or both.
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