right of way on title register not accepted and blocked

duvet
Posts: 217
Joined: Sun Dec 23, 2012 10:52 am

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

Post by duvet »

beeffyp wrote: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.
you can ask for anything ...

claim for the loss of amenity - make up a figure!
claim for the potential reduction in the value of the your house - that's 10s of thousands
claim for all your solicitors costs

don't expect to get it though

one of friends had a NFH who wanted a car port pulled down but her solicitors claimed all their potential costs and a figure for loss of value to the house even though the house wasn't sold to prove the amount.
arsie
Posts: 1957
Joined: Wed Apr 21, 2010 9:13 am
Location: Norfolk

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

Post by arsie »

What Gateway would do if the tables were turned is besides the point. You have suffered a considerable amount of stress and distress from their tenant which they seem to have encouraged. Your life has been blighted and you have been threatened and your ability to go quietly about your day-to-day affairs has been restricted. So have your family. This is just off the top of my head and you should definitely seek legal advice on this one as to amounts. Don't forget all your legal costs too :roll:
despair
Posts: 16638
Joined: Mon Mar 14, 2005 7:07 am

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

Post by despair »

Ditto

problem is I bet Gateway will back down at the very last minute leaving the OP with the costs
But if it was me I would then be very tempted to sue for those in the Small Claims Court and I fail to see how the OP could loose
gardenlaw
Site Admin
Posts: 847
Joined: Thu Feb 24, 2005 10:40 pm
Number of Posts per Page: 50
Number of topics per page: 50
Location: Halifax

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

Post by gardenlaw »

Beefyp there is no worry about proof. It is a simple question of reading your Title, and re-reading Pilmans excellent detailed reply. If Gateway do concede you are right at this point then think very carefully about going further through the Small Claims court. It will be stressful; you will have to pay out a court fee and the court may decide you got what you wanted without a court case. You would not be given any solicitors charges if you did go to the Small Claims court so why would you be given any for what happened before you went to court?
despair
Posts: 16638
Joined: Mon Mar 14, 2005 7:07 am

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

Post by despair »

Why is it always the victim of such injustice who lands up bearing the costs of proving they have a legal right

Something is very very wrong with the system in this country when someone like the OP is impoverished with legal fees they cannot afford to regain a right that has been illegally blocked
Horsey Girl
Posts: 611
Joined: Fri Sep 29, 2006 2:56 pm

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

Post by Horsey Girl »

Please keep us posted with what happens next!

This forum is wonderful, don't know what I would have done without the information and support I received in my darkest neighbour from hell hour. The experience of dealing with the solicitor who was supposed to be acting in our best interests was nearly as bad as the situation with the neighbour! Certainly be much more assertive in future.
Don't you just love neighbours'!
ukmicky
Posts: 5207
Joined: Sat Sep 27, 2008 10:13 pm
Number of Posts per Page: 20
Number of topics per page: 20
Location: London

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

Post by ukmicky »

despair wrote:Ditto

problem is I bet Gateway will back down at the very last minute leaving the OP with the costs
But if it was me I would then be very tempted to sue for those in the Small Claims Court and I fail to see how the OP could loose
Thats why you along side and with the injunction sue them for substantial interference . Should they back down they will also need to settle the claim of substantial interference.
Any information provided is not legal advice and you are advised to gain a professional opinion
Sudynim
Posts: 2242
Joined: Mon Dec 21, 2009 6:31 pm

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

Post by Sudynim »

ukmicky wrote:
despair wrote:Ditto

problem is I bet Gateway will back down at the very last minute leaving the OP with the costs
But if it was me I would then be very tempted to sue for those in the Small Claims Court and I fail to see how the OP could loose
Thats why you along side and with the injunction sue them for substantial interference . Should they back down they will also need to settle the claim of substantial interference.
Good idea. And think about replacing your solicitor, because his response to your needs and rights has been pathetic. As others have rightly said, there could be no clearer case for an immediate injunction. They are stealing a valuable property right from you, and you shouldn't have to negotiate for it's conditional return.
User avatar
Midori
Posts: 57
Joined: Mon Mar 01, 2010 12:41 am
Location: Hampshire

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

Post by Midori »

Beefy, You may also have a claim under the Disability Hate Crime legislation, against both Gateway and your neighbour.

The Disability Discrimination Act 2010.

It's worth pursuing, may get quicker action.

Cheers, Midori
jonahinoz
Posts: 1547
Joined: Fri Aug 05, 2011 5:15 pm

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

Post by jonahinoz »

Hi,

Do tenant/landlord harassment laws apply to ROWs? What other harassment laws are there?

Could you if you wished prevent your other neighbour from crossing your garden? Would she play along?

Do you have a mortgage? Would your lender be interested in their security being devalued in this way?

Are the police allowed to intervene in the way they have? They usually avoid Civil conflicts.

john W
Post Reply