Signage on Easement

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SwitchRich
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Re: HELP PLEASE - Right of way issue

Post by SwitchRich » Tue Feb 19, 2019 12:43 pm

Any chance of a photo of the driveway?

MacadamB53
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Re: Rights of way and animals

Post by MacadamB53 » Tue Feb 19, 2019 1:25 pm

pandabear1 wrote:
Tue Feb 19, 2019 12:35 pm
Mac, I dont want any money off them at all - i want to fill in the pot holes and thats it! its not an expensive job to be honest. And i'm happy to pay 100%, organise the labour, arrange the digger, etc. They say they are withholding permission for me to do the works because its their land that the ROW runs over. i say they are being unreasonable and somewhat dramatic. I originally asked them if they wanted to go 50% jointly as that is what is stated in the deeds and i thought they might want to be involved however they didn't reply so i have moved on with things. There is no claim because i have no claim in law to recoup the monies i spend. I learnt that on here. From you.
but did you follow up on your three letters and put them in the picture like you’ve done on here?

kind regards, Mac

arborlad
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Re: Rights of way and animals

Post by arborlad » Tue Feb 19, 2019 1:28 pm

I am not sure how this:



arborlad wrote:
Tue Feb 19, 2019 11:36 am
pandabear1 wrote:
Tue Feb 19, 2019 9:00 am
We have never sought to advise them in their legal position ...................


When you have two opposing points of view, it is not unreasonable to advise your 'opponent' to seek out their own independent advice.

If the neighbour is still a working farm they are likely to have NFU/CLA membership, both of whom have advice lines.


.............became this:


pandabear1 wrote:
Tue Feb 19, 2019 12:21 pm
Arbor lad
I cannot advise people on their legal position as i am not a solicitor and, they don't seem to believe what i say anyway. Most of my advice comes off here. It may be that my interpretation of the situation is wrong and i reiterate that this will shortly be tested. My neighbor is not a farmer although her career seems irrelevant to the potholes - shes a professional - and i am unaware of what organisations she belongs to. Perhaps the court will find in their favour and i will not be allowed to repair the pot holes, however it seems unfair as the ROW is meant to be suitable for all vehicles and common law states that i can repair and maintain.

thanks again for your thoughts
arborlad

smile...it confuses people

pandabear1
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Re: Rights of way and animals

Post by pandabear1 » Tue Feb 19, 2019 1:52 pm

Yes Mac

I wrote and told them i would be filling in the pot holes under my perogative as dominant owner. They did not reply.

ukmicky
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Re: HELP PLEASE - Right of way issue

Post by ukmicky » Tue Feb 19, 2019 2:12 pm

mr sheen wrote:
Tue Feb 19, 2019 8:11 am
Ukmicky you may believe that it is reasonable to give OPs advice that includes arguing the intricacies of criminal law with the police .....I, on the other hand, do not, especially when I was not actually present and hence had no real idea of what happened and what the tensions were that the police were seeking to diffuse.
But as I have said breech of the peace has got nothing to do with criminal law.

But if you believe anything I put in my earlier post was factually incorrect please report it to admin who are solicitors and I will be happy for them to amend or delete it .


I can guarantee they will not ammend one word
Any information provided is not legal advice and you are advised to gain a professional opinion

mr sheen
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Re: HELP PLEASE - Right of way issue

Post by mr sheen » Tue Feb 19, 2019 6:16 pm

No issue with your narrative about breach of the peace, only your view that your advice re: appropriate way to way to deal with an attending police officer is not to co-operate but instruct the officer what s/he 'cannot' do and what they "have to" do, despite the officer having been called because there is a neighbour dispute and an altercation underway.

arborlad
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Re: Signage on Easement

Post by arborlad » Wed Feb 20, 2019 7:14 am

Bump.
arborlad

smile...it confuses people

arborlad
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Re: HELP PLEASE - Right of way issue

Post by arborlad » Wed Feb 20, 2019 11:59 am

pandabear1 wrote:
Mon Feb 18, 2019 3:32 pm
We have a right of way granted under a deed on our property title. It has been established and she was threatened with an injunction when she blockaded the driveway last year. I will seek an injunction but i have no knowledge of this and how it works - can anyone advise me pls?


What was it blocked with, how long did it stay there?

You seem to have some very controlling neighbours with very little understanding of your rights and their obligations with respect to the drive. Aside from the current issue, which I'm fairly sure will be resolved satisfactorily in your favour, you need to find a way to prevent a repeat of something similar in the future.
arborlad

smile...it confuses people

pandabear1
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Re: HELP PLEASE - Right of way issue

Post by pandabear1 » Wed Feb 20, 2019 2:43 pm

Hi Arborlad

The previous situation was as follows regarding the blockading.
I went for a ride on my horse. I exited my property, past theirs, went down the shared driveway, through the double gates and off i trotted. On my return the gates had been shut - fair enough and easy to open off my horse but the gates only open inwards and they had piled logs - big logs as in boughs that were waiting to be cut up for firewood - against the gates. I had to tie the horse up on the main road, leave her with the traffic going by, climb over the gates and move the logs. They were sat on their patio which overlooks the drive and main entrance - it was a lovely summers evening - with their pals drinking wine and laughing and shouting at me.

As you can probably imagine i was upset - in tears in fact. I moved the logs which took me some time, opened the gates and got my horse. I got back on and rode up to my house with them calling out that i shouldn't use the drive and that they knew their rights - amongst other things. They wrote to me then and said that they forbid me to ride my horse down the right of way as they hadnt agreed to it. The ROW was established before they even owned the land that it runs over. My solicitor wrote to them and told them they were wrong, and that the wording of my deeds allowed me to ride the horse down to get off the property and they must not interfere with the right of way. They were told in no uncertain terms that we would have no choice other than to seek an injunction if they did it again. Thankfully that situation has not occurred again but now i have the issue that they wont let me on the drive to fill the pot holes - even though they don't do any driveway maintenance themselves. It would be funny if it wasn't so damn annoying.

pandabear1
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Re: Signage on Easement

Post by pandabear1 » Wed Feb 20, 2019 2:47 pm

Seeing all the posts where i have asked for help with my bully neighbours really makes me sad - its a horrible history to have.

ukmicky
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Re: HELP PLEASE - Right of way issue

Post by ukmicky » Wed Feb 20, 2019 4:27 pm

The act of preventing you from filling in the pot holes is called derogation from grant and you already have enough evidence to sue them for it . When they called the police on you they provided you with all the evidence you needed.

Blocking your access is called substantial interference and you can also sue them for that and gain an injunction, however evidence will need to collected to show its not a once in a blue moon minor inconvenience.
Any information provided is not legal advice and you are advised to gain a professional opinion

arborlad
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Re: HELP PLEASE - Right of way issue

Post by arborlad » Wed Feb 20, 2019 5:10 pm

pandabear1 wrote:
Wed Feb 20, 2019 2:43 pm
Hi Arborlad

The previous situation was as follows regarding the blockading.
I went for a ride on my horse. I exited my property, past theirs, went down the shared driveway, through the double gates and off i trotted. On my return the gates had been shut - fair enough and easy to open off my horse but the gates only open inwards and they had piled logs - big logs as in boughs that were waiting to be cut up for firewood - against the gates. I had to tie the horse up on the main road, leave her with the traffic going by, climb over the gates and move the logs. They were sat on their patio which overlooks the drive and main entrance - it was a lovely summers evening - with their pals drinking wine and laughing and shouting at me.

As you can probably imagine i was upset - in tears in fact. I moved the logs which took me some time, opened the gates and got my horse. I got back on and rode up to my house with them calling out that i shouldn't use the drive and that they knew their rights - amongst other things. They wrote to me then and said that they forbid me to ride my horse down the right of way as they hadnt agreed to it. The ROW was established before they even owned the land that it runs over. My solicitor wrote to them and told them they were wrong, and that the wording of my deeds allowed me to ride the horse down to get off the property and they must not interfere with the right of way. They were told in no uncertain terms that we would have no choice other than to seek an injunction if they did it again. Thankfully that situation has not occurred again but now i have the issue that they wont let me on the drive to fill the pot holes - even though they don't do any driveway maintenance themselves. It would be funny if it wasn't so damn annoying.



I'm wondering what would've happened if somebody had turned up in a vehicle to visit you.
arborlad

smile...it confuses people

pandabear1
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Re: HELP PLEASE - Right of way issue

Post by pandabear1 » Wed Feb 20, 2019 8:10 pm

yes that thought had crossed my mind too

arborlad
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Re: HELP PLEASE - Right of way issue

Post by arborlad » Thu Feb 21, 2019 6:23 am

pandabear1 wrote:
Wed Feb 20, 2019 8:10 pm
yes that thought had crossed my mind too


I think you should have called the police, that was a very deliberate act on their behalf.
arborlad

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pandabear1
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Re: HELP PLEASE - Right of way issue

Post by pandabear1 » Thu Feb 21, 2019 7:41 am

Unfortunately i was so shocked and upset that i didn't at that time. I'm not good at confrontation and avoid it if i can and i was literally shaking when i got back home. Later that night the husband and the friends - not her though- came and shouted abuse over the boundary fence whilst i was doing the horses in the stables. I ignored them but again, felt sick to my stomach with anxiety. I did send the police details and a copy of her letter and my solicitor's response that i sent them after the incident for the file. Apparently she never denied doing it to the police. Police have warned us that she is trying to cause an incident - so that she can escalate matters - and they said that even if she lies in the driveway and prevents us leaving or coming in, that we must not touch her - ie drag her out of the way or pull her off a digger or such like, and that we must call them to remove her. I think she must have more complex issues going on - surely no one can be this possessive over a ROW that they attained with full knowledge of? Seems ludicrous. It has to be sorted out and my entitlement established as the ROW belongs to my house and will always be in existence so there is no alternative. Happy Days eh?

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