right of way on title register not accepted and blocked

Roblewis
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Re: right of way on title register not accepted and blocked

Post by Roblewis »

It rather sounds like a right of access to all areas of the neighbours land I think, perhaps this is why Gateway are acting in this manner!!!
duvet
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Re: right of way on title register not accepted and blocked

Post by duvet »

Roblewis wrote:It rather sounds like a right of access to all areas of the neighbours land I think, perhaps this is why Gateway are acting in this manner!!!

its so you can move the ROW if you have to?

like if someone builds an extension over it .....

do the water pipes also go round the back of the house under the ROW?
beeffyp
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Re: right of way on title register not accepted and blocked

Post by beeffyp »

Yes duvet the pipes do run under row..
We have had an in depth meeting with our solicitor and we agreed to writing a strongly worded letter and advising possible court action against them should do the trick, if no action is taken by gateway to remove all obstruction then we shall be applying for a court order to remove it and billed accordingly.
Once obstruction is removed we will then be taking legal action against gateway for damages.
OH is ynot taking this very well another course of AD was prescribed for her, and my brain feels like a brillo pad I can't think straight its constantly on our mind and its all we talk about, grrr. Summer holidays huh spoilt. I even forgot to displayt my blue badge and got a ticket £60. Talk about kicking a man whilst he's down. Never mind eh revenge is a dish best served cold. :roll:
despair
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Re: right of way on title register not accepted and blocked

Post by despair »

Challenge the ticket for not displaying your badge
Explain you are severely stressed thanks to oh illness and harassment by NFH and HA
That forces you to pay solicitors to take them to court
COGGY
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Re: right of way on title register not accepted and blocked

Post by COGGY »

When writing to challenge the Parking Ticket apologise and accept responsibility. Then state your reasons.
Conveyancer
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Re: right of way on title register not accepted and blocked

Post by Conveyancer »

I agree with the tenor of the advice above.

There is no doubt you have a right of way.

There is nothing to go be adjudicated.

If after a solicitor's letter is sent the obstruction is not moved apply for an injunction.

I do not think that a specialist right of way solicitor is necessarily needed since there are no complex issues - any solicitor, whatever his field, should know the basics needed here. You just need a good litigator who does not hang about.
If you have benefited from advice on this site please consider contributing to a cancer charity.
beeffyp
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Re: right of way on title register not accepted and blocked

Post by beeffyp »

Hi all, our solicitor got back to me on Friday suggesting we may be getting our right of way back but gateway want assurrance that we will not use it exccesively and to "advise nfh in advance". So much for the strongly worded letter (there hasn't been one).
People walking past our house have made comments to my wife that we are spoiling the look and making the area look bad by having bins in the front. We have one X large waste bin, one garden waste bin, and three recycle bins. The local council provided us with bins for recycling instead of boxes due to my disability. Our front is full of bins. Like we really want them there and for our kids to play around them arrrgghh. What makes it worse is the front of our house is a heat trap and bins only get collected fortnightly, the smell is horrific just openning the front door for a few seconds smells the house out.
We have asked the council if we can keep the bins on the footpath (public) and the have strongly advised us not to as they will be removed and we would have to pay for them to be returned. Something along that line.

Threats and harrasment are getting worse they bang on walls telling us to be quiet her sons friends are coming round spitting in our garden and swearing and calling names at my eleven year old son and his friends.

Police have come and said to just keep notes and pass them on to solicitor, the police work very closely with gateway and they just seem to be ignoring us.

I'll see what our solicitor says tomorrow (probably tell us to limit our usage to just bins and bin night)

Oh well, i'll keep you all posted on how things go, just feel like giving up, we've had enough and just wish this nightmare would go away.
stufe35
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Re: right of way on title register not accepted and blocked

Post by stufe35 »

Understand....you are under no obligation to tell your nfh when you are going to use your ROW. There is no way of quantifying excessive use. Do not except any such limitations even on a friendly voulenterry basis.

I made the mistake of offering my nfh a voulenterry temporary cessation of use to show goodwill, then when I had to make one journey on the ROW they reported me to the police.

Make no concessions....it's a road to no where with these kind of people.

Regards. Stu
kipper
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Re: right of way on title register not accepted and blocked

Post by kipper »

Ask your solicitor why he is pussyfooting around. Your rights "to pass and repass at all times and for all purposes" are stated clearly on the deeds and you do not have to give any such assurances or notice.
despair
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Re: right of way on title register not accepted and blocked

Post by despair »

Kipper is 100% correct

Your solicitor should not even suggest anything other than full access at any time and for any purpose

As for the neighbours they are clearly bullies ..........and they are harassing you
You need to complain very loudly indeed to the Chief Constable that his police staff are complicit in your neighbours /gateways bullying wheras they should be protecting you

Bullies tell the most awful lies and often engage friends to assist and they always pick on those they see as weak ..........sadly anyone with disabilities is seen as weak in their eyes and they never like it when you fight back which is precisely what your doing quite legally demanding the full use of your ROW

Be strong and do not give in you are right and they are wrong
duvet
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Re: right of way on title register not accepted and blocked

Post by duvet »

beeffyp wrote: Police have come and said to just keep notes and pass them on to solicitor, the police work very closely with gateway and they just seem to be ignoring us.

.
keep notes , keeping ringing up about every incident.
never retaliate


don't give in over the usage

harassment --- The Act defines harassment in section 1(1) as a "course of conduct" amounting to harassment and provides by section 7(3) that a course of conduct must involve conduct on at least two occasions. keep on at police that you want them to serve a non-harassment order on both neighbour and gateway. only talk to policemen with pips if need be.

if you get a non-harassment order then you can start asking for damages
COGGY
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Re: right of way on title register not accepted and blocked

Post by COGGY »

EVERY time you phone police ask for the incident number, so they cannot deny receiving the calls. Inform them that you have a legal right of way through the next door property. Ask if they are going to support you or do you need to go higher. If they do not support you go to the chief constable and also to your MP. As everyone else has stated you are in the right and need to fight them now. You do not need to compromise in any way.
COGGY
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Re: right of way on title register not accepted and blocked

Post by COGGY »

Tell your solicitor that his advice would result in your house being devalued. Hint that you may go to the Law Society. That should make him pull his socks up.
despair
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Re: right of way on title register not accepted and blocked

Post by despair »

The more the OPs solicitor dilly dallies the more charges they make

The OP must put their foot down firmly and state Full Access now or Injunction ...............nothing in between
beeffyp
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Re: right of way on title register not accepted and blocked

Post by beeffyp »

Hi all,
letter has been drafted and will be sent tommorow giving them 7 days to remove all obstruction otherwise we will be applying for an injunction.

I would like to ask the experts on here would I be able to claim costs/damages from gateway and what are the chances of getting awarded based on balance of probability.

I'm sure the response will be quite different from our solicitor.

What would you guys do?

More importantly what would gateway do if the tables were turned.

Thanks for all your advise so far its been so so helpful and we can't thank you enough.

Bless you all.
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