Trespassing

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humptydumpty
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Re: ROW being blocked/obstructed

Post by humptydumpty » Fri Jul 25, 2014 4:13 pm

span wrote:
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?
nope,read again! Still don't see how your post was helpful!

span
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Re: ROW being blocked/obstructed

Post by span » Fri Jul 25, 2014 4:27 pm

humptydumpty wrote:
span wrote:
humptydumpty wrote:
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?
nope,read again! Still don't see how your post was helpful!
Good job I wasn't trying to help you.

robj191269
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Re: ROW being blocked/obstructed

Post by robj191269 » Fri Jul 25, 2014 10:17 pm

The OP should speak to their legal insurers asap as there is usually a timescale to report any incidents that could give rise to a claim.

asprint
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Re: ROW being blocked/obstructed

Post by asprint » Sat Jul 26, 2014 8:42 pm

Thanks for all of the replies and comments.

I am based in the UK and not Scotland.

I will speak to my insured who provide the legal protection cover to see if this is a matter that they can assist in? Perhaps an initial legal letter to the neighbors drawing to their attention their legal obligation to maintain the ROW free from obstruction may be the best staring point?

MacadamB53
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Re: ROW being blocked/obstructed

Post by MacadamB53 » Sat Jul 26, 2014 8:51 pm

asprint wrote:Thanks for all of the replies and comments.

I am based in the UK and not Scotland.

I will speak to my insured who provide the legal protection cover to see if this is a matter that they can assist in? Perhaps an initial legal letter to the neighbors drawing to their attention their legal obligation to maintain the ROW free from obstruction may be the best staring point?
Hi asprint,

that is a question for your insurer's legal bods.

Kind regards and good luck, Mac

robj191269
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Re: ROW being blocked/obstructed

Post by robj191269 » Sat Jul 26, 2014 8:53 pm

asprint wrote:Perhaps an initial legal letter to the neighbors drawing to their attention their legal obligation to maintain the ROW free from obstruction may be the best staring point?
That's what the solicitor provided by your insurers should be doing - not you.

despair
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Re: ROW being blocked/obstructed

Post by despair » Sat Jul 26, 2014 9:09 pm

Asprint

I very much doubt just a letter will solve this

Your neighbours have pushed way beyong any realms of being reasonable

You must now be determined to get this resolved once and for all

no pussyfooting around ....you have legal expenses cover ............USE IT

If you get any prevarication from them put your foot down ................the law is on your side 100%

asprint
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Re: ROW being blocked/obstructed

Post by asprint » Mon Aug 04, 2014 11:18 am

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?

arsie
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Re: ROW being blocked/obstructed

Post by arsie » Mon Aug 04, 2014 12:04 pm

I would be ençlined to ignore that advice which I don't think is right. Plus they are ducking your fight. Get the neighbours deeds and your own and apply for an injunction. First you need to write a 'letter before action' giving him 7 days to cease and desist. Shouldn't take long for him to tell his visitors!

COGGY
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Re: ROW being blocked/obstructed

Post by COGGY » Mon Aug 04, 2014 1:05 pm

How about putting up a PLEASE KEEP ACCESS CLEAR notice?

Kind regards
Coggy

Roblewis
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Re: ROW being blocked/obstructed

Post by Roblewis » Mon Aug 04, 2014 2:03 pm

Get a solicitor and give them warning that should their visitors and/or themselves continue to block the RoW that exists then you will seek legal redress to prevent the obstruction. Then,after a suitable period or further incident, go for an immediate injunction on the neighbour requiring him to stop obstructing and to prevent all visitors from also obstructing. You do need to be constructing a timeline of events from now forwards. There is an implied duty of care in this situation and the neighbour holds that duty as he/she is well aware of where visitors are parking.

asprint
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Re: ROW being blocked/obstructed

Post by asprint » Mon Aug 04, 2014 2:29 pm

Thanks for the replies.

I clearly need to establish what the actual legal position is with respect to what would be enforceable as sending a letter without the ability of enforcement could make matters worse. I would have thought that as he owns the land on which the ROW passes he would/should be legally responsible for ensuring it is keep free but equally I can see that an injunction (should it come to that) against him would only refrain him and not any third parties?

There are also issues with trespass, which seem much more straight forward in enforcing though.

arsie
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Re: ROW being blocked/obstructed

Post by arsie » Mon Aug 04, 2014 3:03 pm

As print as Rob points out, your neighbour has a duty of care to ensure you can exercise your right of access. You make a log of events, take pics etc as your proof, write to him putting him on warning, then injunct him if he doesn't mend his ways. Once you have the injunction if it happens again he will be in deep trouble with the court who will punish him severely. He must make his visitors conform.

Roblewis
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Re: ROW being blocked/obstructed

Post by Roblewis » Mon Aug 04, 2014 7:40 pm

The property owner is obliged to be responsible for third parties parking on a RoW across his land. It is a fallacious argument to argue he is only repsonsible for his own actions and not those of authorised visitors on his land. Depending on the wording of the RoW it may even be that delivery vehicles may also be an obstruction.

asprint
Posts: 29
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Re: ROW being blocked/obstructed

Post by asprint » Tue Aug 05, 2014 9:23 am

Thanks for replies and comments.

Can you please advise is your are able to download deeds online or do you have to write to the Land Registry for a copy? As suggested it makes sense to get a copy and check the details.

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