Trespassing

Trespassing

Postby asprint » Sat Aug 12, 2017 1:55 pm

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?
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Re: Trespassing

Postby Roblewis » Sat Aug 12, 2017 3:50 pm

I would start with a simple sign indicating that this is private access point and must be left clear at all times. I am not sure whether you are saying the road is actually private if so then further action would have to be through the courts against the malfeasor.
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Re: Trespassing

Postby Eliza » Sat Aug 12, 2017 5:26 pm

Is the entrance to your property narrow enough that it would be feasible to put a chaingate "fence" across it? That being put up a post each side of the entrance and put a chain across it that has to be unclipped any time a vehicle needs (or, in his case, wants) to get through. If need be then put a couple of padlocks on this and then he won't be able to undo this. That would help deal with one of the problems he is creating.

The blocking of a ROW is another problem and I sympathise and know it is not allowed to create "substantial interference" on a ROW. I don't know the layout of your road but would it be possible to stop him blocking the ROW by making it very plain you'll do tit for tat if he does? So if you or your visitors can't get up the ROW because he's blocking it, then you deliberately park your vehicle immediately behind his and he is blocked in? I've been able to keep my own neighbours tendency to ROW-blocking under control to some extent by the fact they've come to realise I wouldnt hesitate to have them blocked in by any visitors vehicles they prevented from getting up the road to my house.
Apologies for not giving exact personal details in my posts - you never know who is reading....
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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

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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.
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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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Re: Trespassing

Postby asprint » Tue Aug 15, 2017 6:33 pm

Thank you for your replies.

As I indicated in the original post about 2 years the neighbour gave a written undertaken, via his solicitor, to cease trespassing onto my property and also to cease any unnecessarily blocking of the ROW. However, since the end of May this year he has started to trespass onto my property again with his car.

Yes I can always put something across the entrance to physically stop him trespassing, but that also has an impact on anybody entering or leaving the property, not the end of the world but certainly not the prefered route, particularly since he has given a written undertaking to cease trespassing.

What I was seeking to get some advice on was what, if any, value does the written undertaken he has given to cease trespassing have in terms of a binding undertaking he has given if it became necessary to put it in the hands of a solicitor again and ultimately an injunction was sought?
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Re: Trespassing

Postby ukmicky » Tue Aug 15, 2017 10:59 pm

Put a post in the ground
Advice given is not legally qualified and you are advised to gain a professional opinion
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Re: Trespassing

Postby Morgan Sweet » Wed Aug 16, 2017 10:54 am

I do not know the answer to your question asprint. I have no legal qualifications but I do sympathise with your experience. I would have thought, at the very least, that having given a written undertaking it would most certainly help your case. If you can gather the evidence that he is trespassing again then I would have thought an injunction would be successful and it would be best to act as soon as possible. Have you legal expenses cover with your house insurance? I have, but it did not help me due to the fact my trespass problem occurred within a 90 day period after taking out the insurance so if you do have legal cover please read the small print first. Let us hope someone with more legal knowledge than me can help you on the forum.
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Re: Trespassing

Postby MacadamB53 » Wed Aug 16, 2017 1:27 pm

Hi asprint,

in your previous threads you gave plenty of detail about what he was up to - e.g. walking onto your property to cut his hedge or having vehicles park on the ROW.

however, in this thread you've been vague.

is the latest trespass of a different degree to previous?

Kind regards, Mac
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Re: Trespassing

Postby arborlad » Wed Aug 16, 2017 1:59 pm

Asprint - you have three or four threads all about the same issue, you're not helping yourself to get the best advice and causing confusion for others................

viewtopic.php?f=8&t=11742

viewtopic.php?f=8&t=19529

viewtopic.php?f=4&t=19992


To make life simpler for everyone, I requested a merging of your threads - it hasn't happened yet :roll:
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Re: Trespassing

Postby asprint » Sun Aug 20, 2017 8:46 am

arborlad wrote:Asprint - you have three or four threads all about the same issue, you're not helping yourself to get the best advice and causing confusion for others................

viewtopic.php?f=8&t=11742

viewtopic.php?f=8&t=19529

viewtopic.php?f=4&t=19992


To make life simpler for everyone, I requested a merging of your threads - it hasn't happened yet :roll:



Thanks for the replies.

You suggest merging the threads? Not sure what you mean by that can you kindly advise what what it is that I have to do?

Thanks
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Re: Trespassing

Postby asprint » Sun Aug 20, 2017 8:59 am

Morgan Sweet wrote:I do not know the answer to your question asprint. I have no legal qualifications but I do sympathise with your experience. I would have thought, at the very least, that having given a written undertaking it would most certainly help your case. If you can gather the evidence that he is trespassing again then I would have thought an injunction would be successful and it would be best to act as soon as possible. Have you legal expenses cover with your house insurance? I have, but it did not help me due to the fact my trespass problem occurred within a 90 day period after taking out the insurance so if you do have legal cover please read the small print first. Let us hope someone with more legal knowledge than me can help you on the forum.


Thanks for the reply.

I do have legal protection. However, like many of us over the years I change to different providers and whilst these recent events have been under the same provider when they ask when the problems first started with the neighbour they say that was before they were providing cover. I do not know if I would be covered under these recent problems since he has given a written undertaking to stop as all of this is under my current provider, but generally they just ask when the problems first started and the deny any liability? So I am on my own with cost so need to be cautious about starting legal proceedings without some level of certainty.
Last edited by asprint on Sun Aug 20, 2017 9:25 am, edited 1 time in total.
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