Easement or Right of access

Re: Easement or Right of access

Postby arborlad » Mon Dec 12, 2016 8:33 am

ulu1kim wrote: I am also aware she has taken a number of meters at the end of my boundary so that will be another battle some time, Thanks :?




Unless there are exceptional circumstances or something that has happened very recently - forget it.
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Re: Easement or Right of access

Postby ulu1kim » Mon Dec 12, 2016 1:35 pm

Thank you, last year she nabbed the end bit. Due to other difficulties I've had with this neighbour not just over access I've been looking at the law of Torts. It could just be easier to deal with the access situation plus getting an injunction on her, her behaviour at times has been outrageous , I had to lock my doors to keep her out! I kept finding her 'skulking' round my house ! Never meet anyone like her.
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Re: Easement or Right of access

Postby pilman » Mon Dec 12, 2016 3:21 pm

There was a relevant posting made earlier this year that should be of interest.
there is a statutory defence for damage caused in the honestly-held belief that this was necessary to protect property (or a right or interest in property) under s5 Criminal Damage Act 1971. The Chamberlain v. Lindon case was the celebrated example (http://www.bailii.org/ew/cases/EWHC/Admin/1998/329.html).
I just read through the judgment from that 1998 case and it made interesting reading regarding the situation being described in this posting.
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Re: Easement or Right of access

Postby ulu1kim » Tue Dec 13, 2016 1:22 am

pilman it does indeed make interesting reading .............. thank you
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Re: Easement or Right of access

Postby ulu1kim » Tue Dec 13, 2016 1:41 am

Thank you again my son and myself ( I'm a female ......... not that that matters by the by I have major 'female warrior' in me ) by heck I've had to 'tuck away the warrior in me............ golly goodness it not been easy) ........... I do have to admit at one point i lost control of my 'female warrior ' ....... she popped out and blocked the access to all with me ole classic landrover, I lost it, sick to death of her 'moves' i fell into what she wanted , lost me snot, blocked all access refused to remove land rover ( blocking access to all ) ............. not the right thing to do I know , just got sick to death of 'see a solicitor ' which i did and had very little pennies to do so, as stated in earlier posts i did take legal advice ............ she just moved the goal posts , ........... much time apologising to the police and one other neighbour affected ............ not good :( shame on me . Done now. AND BREATH LOL :)
Police have been very very good, bless all of us we've all been wandering about this malarkey looking utterly confused and no idea what to do or where to go , thanks to this site i have direction. Good move finding this site , thanks all for your imput i now have 'a clue what to do ' thanks Kim
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Re: Easement or Right of access

Postby ulu1kim » Tue Dec 13, 2016 2:16 am

MacadamB53 Thank you , should i get where i want to go ie access my access ( chuckle) i'll make sure my gate swings 'into my land ' not over and onto hers.
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Re: Easement or Right of access

Postby arborlad » Tue Dec 13, 2016 12:52 pm

ulu1kim wrote:Thank you, last year she nabbed the end bit.




The time to take action on any perceived trespass or encroachment on land that you own is as soon as you become aware of it, delay or inaction is not in your favour.





ulu1kim wrote:Oh I've tried to exercise my rights all right, done as asked 'gone to a solicitor' told Mrs Nasty I am aware of my rights of access, see earlier post re Mrs Nasty 'moving goal posts, try again to work within my rights stopped by police after calls from her claiming 'its her hedge' so stopped again and told to 'see a solicitor' done that , ..................... repeat go about my legal business nasty neighbour calls police told to stop and go to a solicitor ............... repeat





There's an understandable reluctance to remove a boundary feature where ownership of it is contentious, however, this is something that should have been established 13 years ago. If the hedge is yours, remove it. If the hedge is deemed to be your neighbours or shared, then derogation from a grant (as mentioned by Pilman) is your remedy, this is a fairly basic legal principle which the solicitor who negotiated the grant would have been aware of.

What was the purpose of the additional access - not something with any degree of urgency...........
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Re: Easement or Right of access

Postby ulu1kim » Fri Dec 16, 2016 4:35 pm

I must say .................... having got a tad wiser............... the comments regarding the solicitors on both sides ' being slap dash and doing a poor job' I have to agree with, the 'apparent' full stop on the pen indeed gives rise to confusion, whilst i am going about this 'malarkey' I will say , as i have attempted to sort this i' ve taken the attitude ' more than fair play/ neighbourly behaviour and all that. .............. But 'there comes a time' I want 'out' even if in the past i have not dealt with matters in a 'timely order' so i get the '
' there are reasons for that'
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Re: Easement or Right of access

Postby ulu1kim » Mon Dec 19, 2016 2:06 pm

I am preparing to go to county court it's all too clear Mrs Nasty is absolutely not going to allow me to use what I bought and paid for,she's done her utmost to make my life difficult she continues to do so in various ways, I intend to claim for damages, any clues on how much I should claim for ? Thanks
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Re: Easement or Right of access

Postby ulu1kim » Mon Dec 19, 2016 3:31 pm

Other question is ............ what exactly should i be claiming for ? Degradation of an easement has become clear now (thank you garden law) Mrs Nasty no longer approaches me nor do her family or other 'friends' she has pulled in ( the norm was about six people on me)..............not that being 'attacked verbally on mass' concerned me personally, I will say when a pal of mine came to give me a hand and 'they' went at him I certainly did take offence! How dare they take photos of my pal when he was working in my garden, ( law of privacy) , how dare they try and antagonize my pal and try to set him up, that was a real 'no no' thanks to the local police that has stopped, they've been told to stay away. I have banned all pals from visiting me at the moment, aware as i am they will be 'punished' for associating with me. Its already happened to one pal...... hence i put the 'ban' in place. The one pal I let to help me was 'outside of her grasp' she still tried tho. Bad egg she is
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Re: Easement or Right of access

Postby cabbagewhite » Tue Dec 20, 2016 1:08 am

You are sounding a bit emotional. Stick to the facts. You have a right of access, so open it up and start using it. Think of it this way - if a neighbour put a traffic cone in front of my drive, I would move it and use my drive. I would not pursue him for damages for placing it there, or for shouting at me when I moved it and I wouldn't take him to court to force him to move it.

The main problem you have at present, is that you do not have an opening. You are obviously scared of creating one for fear of repercussions however you are just dragging out the process, get the chain saw out and create the entrance and then her cars parked over it will be an obvious obstruction.

She obviously didn't realise the extent of the access she was signing away, when she sold the house to you however she did sign it over and therefore you need to get on and do what needs to be done.
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Re: Easement or Right of access

Postby arborlad » Wed Dec 21, 2016 8:50 am

ulu1kim wrote:[b]I am preparing to go to county court[/b] it's all too clear Mrs Nasty is absolutely not going to allow me to use what I bought and paid for,she's done her utmost to make my life difficult she continues to do so in various ways, I intend to claim for damages, any clues on how much I should claim for ? Thanks




Others will have a better idea about the court process but it seems unwise to embark on it when your own inaction and poor effort/advice by your solicitor are a major factor in the problems you are having.
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Re: Easement or Right of access

Postby ulu1kim » Sat Dec 31, 2016 9:33 pm

Got the chainsaw out months ago, ready to put a new gateway in. See previous photos
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Re: Easement or Right of access

Postby cabbagewhite » Sun Jan 01, 2017 9:34 pm

Photos from 17th and 28th Nov show the hedge still in situ. You got the chain saw out but did you actually use it?
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Re: Easement or Right of access

Postby jonahinoz » Mon Jan 02, 2017 7:54 pm

Hi,

Ref the comment about turn a car round in a narrow area. A vehicle turn table would take less room to turn a car round than a three point turn ... but I think they start at about £1,500

John W
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