Obstructing my right of way outside of the right of way

Re: Obstructing my right of way outside of the right of way

Postby stressederic » Wed Oct 04, 2017 11:26 am

If he caused damage he would, as a minimum be invited in by the Police for a voluntary interview for criminal damage if i reported it to the Police.

My claims of his tresspass are my counter claim / ADR to his allegations of my camera trespassing.

The telecommunications companies have no lawful right to attach a telephone cable across the front of someones property without the owners permission.

I cannot position the camera to monitor the alleyway and the parking area directly below the side of the house. As i said it would seem to me he is using the airspace trespass 'law' in order to create a blind spot and thus benefit his criminal behaviour.

So what means the guttering and or roof tiles not being classed as trespass and If i attached the camera to the underside of the guttering which already overhangs, would this still be classed as trespass given the guttering has overhung like this for decades/over a hundred years?
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Re: Obstructing my right of way outside of the right of way

Postby span » Wed Oct 04, 2017 11:34 am

stressederic wrote:I cannot position the camera to monitor the alleyway and the parking area directly below the side of the house. As i said it would seem to me he is using the airspace trespass 'law' in order to create a blind spot and thus benefit his criminal behaviour.


You need to be a bit more imaginative and to think outside the box that your brain is in. You're playing his game and he's winning and beating you up.

What you need, to achieve your security requirements, if you can't mount a camera on your property to cover a particular zone, is:

A motion activated in-car camera system. Park up your car and it has its own internal cctv system covering your blind spot.
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Re: Obstructing my right of way outside of the right of way

Postby MacadamB53 » Wed Oct 04, 2017 11:35 am

Hi stressederic,

that is not a counterclaim that is going to get you anywhere, so I'd park that for now.

if your property comes with a right to park in the area you want to observe then why not put a camera in a car?

kind regards, Mac
edit: span beat me to it
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Re: Obstructing my right of way outside of the right of way

Postby stressederic » Wed Oct 04, 2017 11:41 am

i've just been outside to check my house wall. Its a very old property and the wall 'leans' in as it rises, infact at the bottom of the wall, the first stone above ground level is stepped out by 3 inches, so if you put a plumb line from the camera down, it would hit my wall, not my neighbours land...is the airspace between the bottom of my house (the furthest part of wall sticking out) and the top of my house mine or his? Is airspace measured as a straight line up and down?

At the end of the day...i'm just going to write letters back and forth to his sol with regard to this matter...if he wants to take out an injunction i am willing to cover the costs should i lose.
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Re: Obstructing my right of way outside of the right of way

Postby stufe35 » Wed Oct 04, 2017 12:21 pm

Stressed eric,

Please take some time out and read the article on this link. I think you may find it helpful. Its a long read please stick with it.


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

Is this your neighbour ?
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Re: Obstructing my right of way outside of the right of way

Postby Collaborate » Wed Oct 04, 2017 12:39 pm

stressederic wrote:i've just been outside to check my house wall. Its a very old property and the wall 'leans' in as it rises, infact at the bottom of the wall, the first stone above ground level is stepped out by 3 inches, so if you put a plumb line from the camera down, it would hit my wall, not my neighbours land...is the airspace between the bottom of my house (the furthest part of wall sticking out) and the top of my house mine or his? Is airspace measured as a straight line up and down?

At the end of the day...i'm just going to write letters back and forth to his sol with regard to this matter...if he wants to take out an injunction i am willing to cover the costs should i lose.


Now that is a point worth making. You're right that you measure airspace straight up and down.
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Re: Obstructing my right of way outside of the right of way

Postby stressederic » Wed Oct 04, 2017 12:49 pm

I have just been outside to check the boundary line against the plan and the positioning of my wall and where the camera is positioned and I can confirm to the best of my ability that the camera overhang from the wall is within my boundary ie the lean on the house wall means the camera doesn't overhang outside of the boundary.

So i will respond to neighbours solicitor saying ' I do not agree with their assertions'...and thus leave them with the burden of proof.
Last edited by stressederic on Wed Oct 04, 2017 12:54 pm, edited 1 time in total.
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Re: Obstructing my right of way outside of the right of way

Postby stressederic » Wed Oct 04, 2017 12:53 pm

stufe35 wrote:Stressed eric,

Please take some time out and read the article on this link. I think you may find it helpful. Its a long read please stick with it.


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

Is this your neighbour ?


I have read this on a few weeks ago and it really did/does help and help set me straight on best ways to act and get on with things. But when it comes to solicitors letters its a different ball game.

I HATE BULLIES with a passion which makes all these frivolous and nit-pikcy allegations stressful especially when i see it upsetting my wife :x
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Re: Obstructing my right of way outside of the right of way

Postby MacadamB53 » Wed Oct 04, 2017 1:29 pm

stressederic wrote:I have just been outside to check the boundary line against the plan and the positioning of my wall and where the camera is positioned and I can confirm to the best of my ability that the camera overhang from the wall is within my boundary ie the lean on the house wall means the camera doesn't overhang outside of the boundary.

So i will respond to neighbours solicitor saying ' I do not agree with their assertions'...and thus leave them with the burden of proof.
good idea - after you've checked you're right about the extent of the lean...

...I'd be minded to install a wire for the time being to make it clear anyone who cares to look.

in your response say you don't understand why they've sent you the letter because your CCTV camera does not overhang the boundary.

kind regards, Mac
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Re: Obstructing my right of way outside of the right of way

Postby stressederic » Wed Oct 04, 2017 4:25 pm

What do you mean by a wire?

Is there a way to work out what the measurement difference is between the bottom of the wall and the top of the wall ie how much is 'leans' in by?
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Re: Obstructing my right of way outside of the right of way

Postby stufe35 » Wed Oct 04, 2017 4:38 pm

Yes, hang a plumb bob from your camera, facia board , beam in the eaves, whatever is convenient to be as close to the wall as possible. Measure with a ruler from the string (or wire) to the wall at the top near the camera and at the bottom near the ground. Take one measurement from the other and you have how much it leans.

Or just hang the plumb bob from the camera to the ground or where it hits your wall and leave it there to demonstrate your camera is within your boundary.
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Re: Obstructing my right of way outside of the right of way

Postby ukmicky » Wed Oct 04, 2017 11:16 pm

Stressderic

There is legal presumption that says where houses were all built as one development and there is no easement, the airspace occupied by any projecting eaves ,footings etc are conveyed with the house, but that the air space in-between or above and below belongs to the adjoining land.

The presumption as to how high or down he will own is ,he will own to a depth and to a height as is necessary for the ordinary use and enjoyment of his land.


So your eves and guttering are fine but anything new like a camera is trespass.
Advice given is not legally qualified and you are advised to gain a professional opinion
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Re: Obstructing my right of way outside of the right of way

Postby stressederic » Thu Oct 05, 2017 7:39 am

ukmicky wrote:Stressderic

There is legal presumption that says where houses were all built as one development and there is no easement, the airspace occupied by any projecting eaves ,footings etc are conveyed with the house, but that the air space in-between or above and below belongs to the adjoining land.

The presumption as to how high or down he will own is ,he will own to a depth and to a height as is necessary for the ordinary use and enjoyment of his land.


So your eves and guttering are fine but anything new like a camera is trespass.


Hi, Thanks.

My defence is relying upon the camera and the airspace it occupies not crossing the boundary into my neighbours airspace due to the lean of my wall and so my simple response is ' My camera doesnt overhang your clients' land'...i'll leave it to him to prove it does...but he aint putting a ladder up against my wall thats for sure...so good luck to him. If he takes it to court it will be minimal trespass and i dont see what damages he can claim from it. Dont you just live the civil legal system :roll:
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Re: Obstructing my right of way outside of the right of way

Postby mr sheen » Thu Oct 05, 2017 9:56 pm

The legal system is based upon the principle that people will be reasonable and civil. resolving disputes in a civil manner brings us out of the Stone Age.

Seeing comments that this thread had descended into makes one wonder. Sounds like the Flintstones battling it out in this neighbourhood.

Suggest you look back at this thread and take stock. Life is short and you will face real issues on the way....working out the angle of your wall so that you can record your neighbour......mmmmm..probably time to get a life!
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Re: Obstructing my right of way outside of the right of way

Postby stressederic » Thu Oct 05, 2017 10:12 pm

mr sheen wrote:The legal system is based upon the principle that people will be reasonable and civil. resolving disputes in a civil manner brings us out of the Stone Age.

Seeing comments that this thread had descended into makes one wonder. Sounds like the Flintstones battling it out in this neighbourhood.

Suggest you look back at this thread and take stock. Life is short and you will face real issues on the way....working out the angle of your wall so that you can record your neighbour......mmmmm..probably time to get a life!


Yes it is ridiculous and most of the time im perplexed by whats going on, however this is what i am having to live with at the moment. Its awful and has led to health issues for me but i wont be bullied and what else am i supposed to do. I cant control the behaviour of my neighbour.

So I do apologise if i i have wasted your precious time and I do so much strive for the perfect life that you must live, sir. Lets hope that your perfect life doesnt ever end up in the turmoil like mine is and may lead to some snardy, keyboard warriror tw@t making unnecessary comments.
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