Nightmare neighbour ROW disute

Nightmare neighbour ROW disute

Postby bennett7766 » Mon Jan 22, 2018 7:37 pm

Hello, I've been visiting a few sites to try to get some information or advice regarding this situation - We have been through solicitor letters so far, she has attempted to stop contacting us and disengaged from that process so we had no option other than to attend court. So far we are a few weeks away from a plea and directions hearing.

I'll try to summarise the last 19months. She hates us, and does not want us here. We have a ROW across fields to our land locked home. She has been hostile from the beginning however we have always maintained a verbally friendly attitude and have on numerous occasions have already offered to fix the track (it was requiring some basic maintenance, now needs a contractor to complete the work. Since august 2016 we have not been able to get to our home via the Honda JAZZ and so this is parked at a neighbours. We do have a land rover. our only means to getting to our home.

She has refused to allow us to touch the track (yes we are aware that we have a common law right to fix it, but she kicks off so much it wasn't worth ringing a bell to get her to our home if we started anything).
She has lied about her attempts to force us out and make life as difficult as possible, we have written and audio recordings of such, and she is on CCTV on numerous occasions blocking the track up and using what amounts to unnecessary number of gates (recently all added and non serving a purpose to keep animals in fields (the hedges and walls to both sides of these gates basically don't exist....)

She is refusing to respond to a rather urgent letter to her just before xmas asking to at least make repairs to the sides of the track as the heavy rain recently is washing road scalpings into the fields - which isn't good, we have already slid off the track once due to the state of it.

I literally can't detail the harassment, the lies, the different facts she choses to make up.... it's exhausting. Just this evening she has been seen on CCTV running for cover as we came home, then filming us. They have been caught 7 times in the last month 1/2 hiding in bushes and watching us - until seen then they make off..... We've had no choice but to ring the police and report her again (and her son who's 37). We've even taken to locking our own gate to prevent them letting our horses out - they can't be secured in their normal paddock as she removed fencing and is now in the process of pushing the wall down.... to what aim I don't know.... and I do have to admit that I want round two nights ago and told them to stop watching me from the bushes..... then she admitted the reason for taking fencing down was to let the horses out.... only she said I took the fencing down! never mind shes on CCTV or audio recording when I confronted her!!! and sh has all of this as it's all been disclosed to the court.

Someone tell me you've dealt with all this before? presented the case yourself? yes we considered a barrister, we have legal help from one in London, but this case is so confusing due to all the back and forth an the lies it's easier for us to present it..... I know it inside out.

Someone tell me how we crush the life out of this stupid situation.

Many thanks from a frustrated lady awaiting the useless cops again.....


em
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Re: Nightmare neighbour ROW disute

Postby jdfi » Mon Jan 22, 2018 9:38 pm

Be properly prepared for court. Ensure you've exchanged documents.

Ensure you rehearse questions they may ask you.
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Re: Nightmare neighbour ROW disute

Postby despair » Mon Jan 22, 2018 10:59 pm

Above everything as i u derstand things be very very sure you have the correct "bundle " submitted to the court

Get advice on this as its the most vital thing
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Re: Nightmare neighbour ROW disute

Postby bennett7766 » Tue Jan 23, 2018 5:18 am

Yes we have completed a full evidence file weighing 1.8kilos (and that's just paper evidence). This has all been submitted to the court, and them/their solicitors. We have filed various other paperwork as part of due process, paperwork which they are failing to provide (hence why we think she has disengaged with her solicitor... they have provided defence statements but provided no evidence for what the have documented. Which specifically was her last ditch attempt to stall court proceedings saying we didn't have an easement it was a licence.... she has no evidence of that and we have submitted deeds and right of way receipts (some of which she signed) dating back to 1948 :roll: think that covers that argument..... now awating our plea and directions hearing.... then roll on a full trial because of her recent behaviour I don't think she's about to back down or both showing up....
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Re: Nightmare neighbour ROW disute

Postby bennett7766 » Tue Jan 23, 2018 9:43 am

CAN I ASK?

Has anyone ever had this issue? The land owner wont allow us to fix the ROW, and has been bit by bit destroying it. Now shes allowed to destroy her own land but a ROW? i'm arguing that this is a substantial interference to our use and enjoyment of the ROW as for over 1 year we cannot get a normal car to the house (we must use a 4x4) we also cannot get our septic tank emptied..... etc. does that sound like its the right direction? I guess I want the court to tell her not to dig it up or destroy the edges. Otherwise we could spend £5,000 putting a track in only to watch her destroy it.

?? :shock:
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Re: Nightmare neighbour ROW disute

Postby arborlad » Tue Jan 23, 2018 1:58 pm

bennett7766 wrote:Yes we have completed a full evidence file weighing 1.8kilos (and that's just paper evidence). This has all been submitted to the court, and them/their solicitors. We have filed various other paperwork as part of due process, paperwork which they are failing to provide (hence why we think she has disengaged with her solicitor... they have provided defence statements but provided no evidence for what the have documented. Which specifically was her last ditch attempt to stall court proceedings saying we didn't have an easement it was a licence.... she has no evidence of that and we have submitted deeds and right of way receipts (some of which she signed) dating back to 1948 :roll: think that covers that argument..... now awating our plea and directions hearing.... then roll on a full trial because of her recent behaviour I don't think she's about to back down or both showing up....




It would help to have the background and history to the situation:

Who bought what and when?

Did your neighbours wish to purchase your property?

Are both lands agricultural?

A sketch or anonymised title plan would also help the understanding.
arborlad

smile...it confuses people
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Re: Nightmare neighbour ROW disute

Postby bennett7766 » Tue Jan 23, 2018 6:33 pm

History

we bough the house and land, which is land locked (partically by the pigeon (her current nickname) ) july 16. she had spent 4 years bullying the previous occupant since her husband died. she then attempted to devalue the house during the process of selling. we LOVE the place, and both (at the time) working in roles involving conflict we were not bullied off the house. After purchase we did find out it was possible she tried to offer an extremely low value to buy the house..... and she started blocking the track with wood/twine and wire. we engaged with her politely and simply insisted that we work things through as we were now there. I think we thought that she would eventually give up after seeing that we could not be bullied from our home like the last owner.

Yes we bought the place knowing she was an issue. No we are not seeking any comeback on the previous occupant, she is a lovely lady who deserved nothing of what she had to tolerate. We eventually found out it was utterly shocking and probably nearly killed her with stress.

The neighbours (there are two others who also share the first part of the lane owned by the pigeon. The lane is a single track lane, concrete base/slated. Our private ROW goes through an agricultural gate up through 3 fields (none of which are secure separately any longer) Our private ROW is made up of stone and road scalpings, paid in FULL by the owner of our house only 5 years ago.

The issues. She uses a gate (not hinged which dragges across the ground, its about 14ft long and wrogth iron. this is pulled into the track to block it. She could open it fully (if it actually needed to be opened, it goes to a bog...) but she has put censored (sorry to be blunt)around the hinges to stop it opening fully. So that's sometimes been a daily blockage. Weve had several different gates placed along the track (some which have no fencing or wall either side)

She has placed large stones on the track, she has changed the padlock on our first gate off the lane (the gate originally was never locked but got locked when the house went up for sale, and the gate that was there was, lets say in such good nick that it was flexible and so needed a chain to hold it shut) she has since been advised by her solicitor that was not good enough, she (days before we appeared at court replaced that with a perfectly acceptable and solid gate, but still locks it with the worlds smallest padlock and we have only one key and it cannot be duplicated. The lane we use is 234mtrs long, we cannot see the first gate from our home. This lock is an issue, she won't put a simple catch on as this would release some control she has over us.

We have had one padlock fail and her cows escaped down the lane, me and the neighbours tried to get them back but couldn't, I replaced the padlock as that was the only way to secure the gate, it was a key coded one - we gave her the key code - she changed it.... yes she actually did it so that one morning I was wondering why I couldn't get out so had to remove it all together. she has wrapped the chain round the post and nailed it all together - we called the police - she was advised, less than 12hrs later she changed the padlock again so we didn't have a key again. Yes this is really the stuff we've had!

we had 19months of this, and false allegations such as we just 'let her cows out'' she told the headmaster of the local school, now with cow censored dotted about.... funny that as I didn't talk to her neither did the hubby 110miles away.... She assaulted a neighbour by shoving her and hitting her and a friends dog with a stick when she was out. she has refused to le us (all three or us) repair any part of the ROW we all use.. If we do her words were 'ill dump top soil on it so no one can use it.

She stopped the council coming to collect rubbish from the usual junction between all three homes, then denied it out right. we have produced to court to demonstrate this lovely attitude towards us all two letters, one from the council saying she had requested they stop and a hand written one from her direct saying and I quote 'I have written to the council to stop all your collections' How nice, that took weeks to re-dress.

We have just completed a statement regarding her sneaking about in bushes watching me specifically and this has really ramped up as we approach the plea and directions hearing.

It's been hard to follow and keep track as she has no regard for facts, so when she is on CCTV building a small wall outside our gate effectively blocking us in she denied doing it..... right, but your on CCTV :roll:

So we have a lot of evidence of in excess of 200 sometimes small incidents and evidence proving her changing accounts or lies as they are.... We have a very comphrensive file all laid out, it's taken hours to put together but I think we are court ready but any advice would be great!!! someone else tell me you've got pigeon too..... i'm feeling special. :D
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Re: Nightmare neighbour ROW disute

Postby MacadamB53 » Tue Jan 23, 2018 7:06 pm

Hi bennett7766,

who is the claimant and what is the claim?

kind regards, Mac
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Re: Nightmare neighbour ROW disute

Postby bennett7766 » Tue Jan 23, 2018 7:32 pm

Sorry yes claimant is us, claiming substantial interference with our access, injunction to prevent harassment, and as per advice from our civil judge friend clauses to the injunction for her to make repairs to the track (we can prove she's been removing supporting edging stones from around drainage tubes, and digging the track up. we also are requesting that the unnecessary gates are removed under the first heading.... plus compo for loss of earnings as we cannot get livestock off our land.... nor can we get a vet up if we needed one unless they unload what they need and we drive them up... so i'm on constant tender hooks right now that nothing major goes wrong. oh and we can't get the septic tank sorted.....
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Re: Nightmare neighbour ROW disute

Postby bennett7766 » Tue Jan 23, 2018 7:38 pm

I probably should add that we have been using solicitors since about april 17.... she has been really hard to engage with properly, and won't answer direct questions put to her solicitor hence why we are now at court.... when we finally got her to address the matter of the track repairs she stated and I quote 'I'LL SUPPLY FREE SOIL, YOU LAY IT AND I'LL SUPPLY GRASS SEED. She was then asking us to not use the track for the duration of the time it took for the grass to grow.

That actually came from the solicitor.... effectively i'm offering to remove the track for you.... right. thanks :lol:

She actually has no interest in the track repairs. It's currently being washed away and the road scalpings are washing into the field. We offered (even though in court process) to address this matter asap by putting back supporting stones along some parts of the edging (that she removed) to protect her field.... guess what. no response.
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Re: Nightmare neighbour ROW disute

Postby SJC14 » Tue Jan 23, 2018 8:23 pm

May I suggest sticking to facts and no background stories. We can give feedback without the mass of sentences about your neighbour, we get you are upset but no need to repeat it here as I stopped reading it as a massive put off. If you do that in court then you might as well shot yourself. Stick to facts and summarise.

To summarise, you have a right of way that needs repair but the owner of the land refuses for you to do this? Is there any more to it?
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Re: Nightmare neighbour ROW disute

Postby bennett7766 » Tue Jan 23, 2018 8:38 pm

Yes I was planning on keeping things short in court, thank you for the advice, after the day we've just had i'm very sorry but my sarcasm can't help but come through about the whole situation in this more private (and I was looking forward to supportive environment). i'm used to presenting evidence... thank you.. I think
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Re: Nightmare neighbour ROW disute

Postby MacadamB53 » Tue Jan 23, 2018 9:00 pm

Hi bennett7766,

can we see the wording of the easement please?

we cannot get livestock off our land

hypothetical livestock or real? why can’t you get the livestock off your land?

nor can we get a vet up if we needed one unless they unload what they need and we drive them up

in other words, a vet could visit if required - unless one has been required and was denied reasonable use of the track by the owner the point you’re trying to make is irrelevant anyway.

we can't get the septic tank sorted

why not?

kind regards, Mac
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Re: Nightmare neighbour ROW disute

Postby Collaborate » Wed Jan 24, 2018 7:47 am

SJC14 wrote:May I suggest sticking to facts and no background stories. We can give feedback without the mass of sentences about your neighbour, we get you are upset but no need to repeat it here as I stopped reading it as a massive put off. If you do that in court then you might as well shot yourself. Stick to facts and summarise.

To summarise, you have a right of way that needs repair but the owner of the land refuses for you to do this? Is there any more to it?


Wise advice.
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