Neighbour made back entrance to his garden over my mums land

Neighbour made back entrance to his garden over my mums land

Postby freddie42 » Wed May 24, 2017 2:22 pm

Can anyone help as I am not sure of the best way to proceed.
Briefly situation is as follows: My 83 yr old mother has recently bought a bungalow in a private road. All houses have a gentleman's agreement with regard to maintenance which is fine.
My mother has a front garden giving on to the made up bit of the road; on the other side of the road is a three foot six inch wide overgrown piece of land which also belongs to my mother.
Her neighbour has cleared and cultivated her strip of ground and my mother would like to clear hers and do the same. Problem being the strip of land is bounded by the back fences of terrace houses from another road. A man in one of those houses has put a gate in his fence and goes across my mothers land to get to his car, which he parks on a currently derelict plot next to my mothers which is soon to be developed. He has no right to be there as to access this he must drive down the private road and he has been told before by the developer not to park there. After checking with the conveyancing solicitor he has no right to put a gate there. My mothers neighbour has told her he opened it when my mothers house became vacant when the last tenant (the house was rented for 5 years prior to my mother buying it) left. The tenant had had problems with gate mans children playing football on his drive and told them the gate must be closed. The tenant was apparently a large man and after some disagreement the gate was closed. My mother introduced herself to the man with the gate after moving in and asked him to stop using the gate, he replied he would continue to use it - mother said well he shouldn't because it was hers and she was making a garden there etc etc. he then says he has no regard for the law and if she wants a war bring it on. My mum is small and 83 he is in his forties and about 5'.11 " which is big compared to my mother. She still wants him to stop using the gate - we know he has not used the gate for 20 years continually - Further, my mother is worried when he can no longer park on the development plot when it is developed he is likely to try and clear her strip of land and squeeze his car onto it - if it was cleared the road would just about be passable with a car half on road half on land. The road he lives on is a nightmare to park on more cars than space as some houses are split into flats.
What would be good course of action ? is there somewhere I can get a form letter to send to ask him to stop.
I spoke to the local PCSO as my mum felt intimidated but they cant do much until he does something.
freddie42
 
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Re: Neighbour made back entrance to his garden over my mums

Postby MacadamB53 » Wed May 24, 2017 2:34 pm

Hi freddie42,

what does your mother want most?

him to not cross her land because he didn't ask
OR
him to cross her land after getting her permission
OR
him to cross her land along a defined route after getting her permission
OR
him not to cross her land at all

Kind regards, Mac
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Re: Neighbour made back entrance to his garden over my mums

Postby arborlad » Wed May 24, 2017 2:49 pm

MacadamB53 wrote:him not to cross her land at all

Kind regards, Mac




that one.............
arborlad

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Re: Neighbour made back entrance to his garden over my mums

Postby despair » Wed May 24, 2017 4:46 pm

tell your mum to screw the gate shut so it cant be opened
but first involve the police as there could be a;" breach of the peace " and she is being threatened
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Re: Neighbour made back entrance to his garden over my mums

Postby freddie42 » Wed May 24, 2017 6:31 pm

Hi
My mum wants him to stop crossing her land. It is very over grown apart from the bit he cut down to get out of his gate. She just wants to tidy it up and put a few pretty shrubs in.
He also has 2 sons who it seems use the gate as the main entry to the house; unfortunately they bring large groups of friends with them who have in the recent past been responsible for some petty vandalism. She moved in January and everything was quiet; I think as the weather was not so good and the days and the nights draw in earlier. Its a nice area just this one group.he has been very rude to other neighbours and the owner of the development plot.
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Re: Neighbour made back entrance to his garden over my mums

Postby Eliza » Wed May 24, 2017 7:38 pm

despair wrote:tell your mum to screw the gate shut so it cant be opened
but first involve the police as there could be a;" breach of the peace " and she is being threatened



+1 on this as course of action.

In her position - I'd do the same as I do in my own position. That being the particular phone number I would need to call the police on in the event of neighbour causing a "breach of the peace" is written in my diary permanently. That - and always carrying my mobile phone around on me anyway - and so I could readily ring that number if the neighbours acted up.

I think it would be wise for her to contact local police in advance and explain the situation to them - so that they are au fait with it if she does need to call them up.
Apologies for not giving exact personal details in my posts - you never know who is reading....
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Re: Neighbour made back entrance to his garden over my mums

Postby MacadamB53 » Wed May 24, 2017 9:51 pm

Eliza wrote:
despair wrote:tell your mum to screw the gate shut so it cant be opened
but first involve the police as there could be a;" breach of the peace " and she is being threatened



+1 on this as course of action.

In her position - I'd do the same as I do in my own position. That being the particular phone number I would need to call the police on in the event of neighbour causing a "breach of the peace" is written in my diary permanently. That - and always carrying my mobile phone around on me anyway - and so I could readily ring that number if the neighbours acted up.

I think it would be wise for her to contact local police in advance and explain the situation to them - so that they are au fait with it if she does need to call them up.
its not her gate to tamper with - so this suggestion is stupid beyond belief.
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Re: Neighbour made back entrance to his garden over my mums

Postby arborlad » Wed May 24, 2017 9:53 pm

freddie42 wrote:Hi
My mum wants him to stop crossing her land. It is very over grown apart from the bit he cut down to get out of his gate. She just wants to tidy it up and put a few pretty shrubs in.




A section of fence placed in front of the gate is about the only option.

You can't screw the neighbours gate shut.
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Re: Neighbour made back entrance to his garden over my mums

Postby Clifford Pope » Thu May 25, 2017 7:41 am

Does the gate open inwards or outwards?

She could put boulders along the back of the border, perhaps create a rockery on her land.
Or put up two posts and trellis and grow a climbing rose.
Plant one of those very spiky large cactuses.
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Re: Neighbour made back entrance to his garden over my mums

Postby despair » Thu May 25, 2017 2:55 pm

it rather looks like this elderly woman is going to be faced with fencing off the entire length of her garden because just blocking the existing gate will simply mean this large "thug " will move the gate elsewhere
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Re: Neighbour made back entrance to his garden over my mums

Postby jdfi » Tue May 30, 2017 9:43 am

Who owns the fence into which this gate has been cut?

Was any of this declared between solicitors?

How does your mother feel about selling him the land?

I have to say that if this was the other way round and there was some unkempt land after my fence I would consider doing likewise.

However I would stop if I received a suitable letter (get your conveyancing solicitor to send pronto if not already done)
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Re: Neighbour made back entrance to his garden over my mums

Postby arborlad » Tue May 30, 2017 10:48 am

freddie42 wrote: A man in one of those houses has put a gate in his fence and goes across my mothers land to get to his car, which he parks on a currently derelict plot next to my mothers which is soon to be developed. He has no right to be there as to access this he must drive down the private road and he has been told before by the developer not to park there.





Is this something that the developer would be willing to assist your mother with, usually a sheet or two of Heras hanging around somewhere.
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