Trespassing

private right of way - access rights

Postby asprint » Sat Jul 25, 2009 9:41 pm

Like many people I live on a fairly new estate, 1990's, and the access to my property and two others, is via an access road from the main road.

However, this is an access road that is privately owned and maintained by myself and the other two house owners.

When I first moved in I have repeated problems with neighbours friends and family parking on the access road blocking my access to and from my property, I live at the top of the three properties and therefore, the most affected.,

After drawing to their attention that as an access road it is only to provide access to and from the individual properties and not for parking,
matters have improved, but now I find people parking with their cars/van engines running and as such they claim they are not 'technically' not parked?

Can somebody please advise the position, can they get away with leaving the engines running.

As this is a privately owned right of way do I have any rights to restrict/stop individuals using the access road?
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Postby ukmicky » Sat Jul 25, 2009 9:50 pm

You cant do much about the engines running.

How long are they sitting their for. Be truthful :D
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Postby Mattylad » Sun Jul 26, 2009 12:23 am

As long as they are also sat in the drivers seat while the engine is running.

Leaving a vehicle with the engine running while not in control of it is I believe illegal.
Any comments I give here are my own opinions, for legal advise check with a qualified solicitor.
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Postby Treeman » Sun Jul 26, 2009 9:29 am

How abut forgetting the parking and go with “unauthorised vehicles will be clamped”. That will negate the argument.
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ROW being blocked/obstructed

Postby asprint » Thu Jul 24, 2014 10:03 am

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. My deeds state 'that the land coloured brown whilst not included in the plot the right to pass and re-pass with or without vehicles over any part thereof which forms part of a vehicular access'. The section coloured brown is a approximately 3m wide and as such is only wide enough for a single vehicle to pass to and from at any time to their respective properties.

Ever since I move in I have had problems with my immediate neighbor blocking the access (for several hours at a time) to my property, mostly with people visiting them resulting in knowbody being able to enter or leave my property by vehicle.

I have always received abuse and a hostile and aggressive response when I have asked that the vehicle be removed and generally being told 'what are you going to do about it'? Most times they will move only to move back again so that the same problem is faced again getting in. There have been times when the neighbor has instructed the owners not to move. Not looking for confrontation and not wanting to face the abuse and hostility I now end up being 'trapped' having to wait until the vehicle moves before I can use the road. The same neighbor now also places part or all of his trolley bin on the access road making it very difficult to pass. If you are caught moving it you face the same abuse and hostility and the bin is moved back again. I am totally fed up with this situation.

As far as I can make out they are in breach as my deeds give me and anybody wishing to enter or leave my property, the right to pass and re-pass over what is a dedicated vehicular access road which should not be used for parking at any time other than for say simply loading and unloading and setting people down or up, which should should be as sort a time as possible? Similarly, they should not obstruct the access road at any time with trolley bins etc (they have plenty of space to place bins without obstructing the access road)?

I do have a legal protection policy which may cover theses issues but would appreciate some advice here before going down that route?

Do most legal protection policies cover these sort of problems? I assume that a solicitors letter can be sent to them drawing to their attention to my legal rights but is it ultimately enforceable if they continue and are they deemed to be responsible for vehicles visiting them?
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Re: ROW being blocked/obstructed

Postby span » Thu Jul 24, 2014 11:49 am

Relax. You have the whiphand here, you just have to decide when and how hard you crack the whip.

You ready to start fighting back?
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Re: ROW being blocked/obstructed

Postby asprint » Fri Jul 25, 2014 9:11 am

Thank you for your reply.

However, does that mean that the neighbor can be held responsible for anybody visiting them who obstructs the ROW?
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Re: ROW being blocked/obstructed

Postby despair » Fri Jul 25, 2014 10:48 am

Yes it means the ROW must be free of obstructions at all times

Since you have Legal Expenses Cover contact them but you will need a really good diary of dates and times together with photos also a record of the abuse you have received

Hence if you do not already have that start today

You need a swift injunction preventing them from obstructing your ROW and then to a full court hearing if they fail to heed the injunction
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Re: ROW being blocked/obstructed

Postby humptydumpty » Fri Jul 25, 2014 11:29 am

You need to write to the occupier of the property causing the obstruction, outlining your intentions (letter of intent), the this should be sent by recorded mail. In the letter you should a state that you require uninhibited access to you property over the way at all times, and that if access is obstructed after the date the letter was signed for, that you will have no choice but to raise court action.

If obstruction continues after date of receipt of letter of intent, then you should take immediate action through the civil court to interdict them from obstruction, you should also seek an immediate interim interdict with a power of arrest.

You should seek legal advice on the above.

Despair - is right, you need to keep a log, and take photos.

Span - not sure having the whip hand has anything to do with anything ! 'Spam' more like!
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Re: ROW being blocked/obstructed

Postby span » Fri Jul 25, 2014 11:59 am

What you mean, "Spam more like!" ????

Do you actually know what "whip hand" means?
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Re: ROW being blocked/obstructed

Postby pilman » Fri Jul 25, 2014 12:11 pm

If obstruction continues after date of receipt of letter of intent, then you should take immediate action through the civil court to interdict them from obstruction, you should also seek an immediate interim interdict with a power of arrest.
In order to assist the original poster, who may be located in England, isn't that quote a reflection of Scottish law.

Although I have never had to seek an injunction in an English court, I understood that an interim injunction if granted will have immediate effect, although that needs to be followed by a full court hearing to decide all the facts and the matter of damages and costs.
I have not heard that there is a power of arrest unless a contempt of court is proven when someone ignores the emergency injunction.

Hopefully the OP can receive free legal advice about the position he finds himself in, as a substantial obstruction of a granted right of way is a legal trespass over the Legal Interest over land that is owned in the same way as the Legal Estate is owned over land which comprised the actual physical property that the OP lives in.

A Legal Estate in land and a Legal Interest over land that is owned by another are the two property rights defined in the Law of Property Act 1925 that has beeen the bed-rock of English law since its introduction 1925.
When a trespass is committed against either of those property rights that is when civil legal action needs to be started to protect either of those legal rights.

If the neighbour started to have regular picnics on the front lawn of the next door property, no one would think that is lawful. In the same way blocking off the right of way is not lawful.

Immediate legal action is called for to stop this continuing trespass.
Let the power of the courts deal with this situation as soon as possible.
If you are insured take advantage of that fact.
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Re: ROW being blocked/obstructed

Postby humptydumpty » Fri Jul 25, 2014 1:39 pm

pilman wrote:
If obstruction continues after date of receipt of letter of intent, then you should take immediate action through the civil court to interdict them from obstruction, you should also seek an immediate interim interdict with a power of arrest.
In order to assist the original poster, who may be located in England, isn't that quote a reflection of Scottish law.

Although I have never had to seek an injunction in an English court, I understood that an interim injunction if granted will have immediate effect, although that needs to be followed by a full court hearing to decide all the facts and the matter of damages and costs.
I have not heard that there is a power of arrest unless a contempt of court is proven when someone ignores the emergency injunction.

Hopefully the OP can receive free legal advice about the position he finds himself in, as a substantial obstruction of a granted right of way is a legal trespass over the Legal Interest over land that is owned in the same way as the Legal Estate is owned over land which comprised the actual physical property that the OP lives in.

A Legal Estate in land and a Legal Interest over land that is owned by another are the two property rights defined in the Law of Property Act 1925 that has beeen the bed-rock of English law since its introduction 1925.
When a trespass is committed against either of those property rights that is when civil legal action needs to be started to protect either of those legal rights.

If the neighbour started to have regular picnics on the front lawn of the next door property, no one would think that is lawful. In the same way blocking off the right of way is not lawful.

Immediate legal action is called for to stop this continuing trespass.
Let the power of the courts deal with this situation as soon as possible.
If you are insured take advantage of that fact.


I keep forgetting, English law is completely different to Scots law, however my advice is the same as yours, in that, immediate legal action is the only way to deal with obstruction by abusive and uncooperative people.
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Re: ROW being blocked/obstructed

Postby humptydumpty » Fri Jul 25, 2014 1:39 pm

pilman wrote:
If obstruction continues after date of receipt of letter of intent, then you should take immediate action through the civil court to interdict them from obstruction, you should also seek an immediate interim interdict with a power of arrest.
In order to assist the original poster, who may be located in England, isn't that quote a reflection of Scottish law.

Although I have never had to seek an injunction in an English court, I understood that an interim injunction if granted will have immediate effect, although that needs to be followed by a full court hearing to decide all the facts and the matter of damages and costs.
I have not heard that there is a power of arrest unless a contempt of court is proven when someone ignores the emergency injunction.

Hopefully the OP can receive free legal advice about the position he finds himself in, as a substantial obstruction of a granted right of way is a legal trespass over the Legal Interest over land that is owned in the same way as the Legal Estate is owned over land which comprised the actual physical property that the OP lives in.

A Legal Estate in land and a Legal Interest over land that is owned by another are the two property rights defined in the Law of Property Act 1925 that has beeen the bed-rock of English law since its introduction 1925.
When a trespass is committed against either of those property rights that is when civil legal action needs to be started to protect either of those legal rights.

If the neighbour started to have regular picnics on the front lawn of the next door property, no one would think that is lawful. In the same way blocking off the right of way is not lawful.

Immediate legal action is called for to stop this continuing trespass.
Let the power of the courts deal with this situation as soon as possible.
If you are insured take advantage of that fact.


I keep forgetting, English law is completely different to Scots law, however my advice is the same as yours, in that, immediate legal action is the only way to deal with obstruction by abusive and uncooperative people.
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Re: ROW being blocked/obstructed

Postby humptydumpty » Fri Jul 25, 2014 1:46 pm

span wrote:What you mean, "Spam more like!" ????

Do you actually know what "whip hand" means?


Yes I do.

But I don't see how informing the OP of his position of control is constructive advice, more a statement of the obvious.
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Re: ROW being blocked/obstructed

Postby span » Fri Jul 25, 2014 2:35 pm

humptydumpty wrote:
span wrote:What you mean, "Spam more like!" ????

Do you actually know what "whip hand" means?


Yes I do.

But I don't see how informing the OP of his position of control is constructive advice, more a statement of the obvious.


Reread the OP. It's pretty clear that asprint is being walked all over more often than a doormat outside Harrods on Sales Day. Stating the obvious is obviously obvious to us, not to him.

So, state the obvious to asprint to get a change in mindset, which is (obviously) the first step in resolving his problem.

Where's the spam in that?
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