Commandeered Private Right of Way

Puzzled
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Post by Puzzled » Mon Jan 09, 2006 11:02 am

Hi Tony,

Have been watching your posts with interest, but I don't quite understand why you have been reluctant to go to court for an injunction. It is clear that your ROW has been obstructed. As said previously, the owner of the ROW cannot just decide you can no longer use it. From looking at case law (and from our own experience) there is no set time limit that your neighbour can deny your access and then use it to his advantage.

If it is the cost involved that is putting you off, you need to take into consideration that if you are successful (and if all you said is correct I and others here believe you will be) the costs of the injunction hearing, plus your legal expenses incurred with your solicitor, will more than likely be awarded against the defendant (your neighbour). In that case, the hearing will not cost you or the other users of the ROW, and you might even get back some of the money you have spent to date trying to sort this mess out!

I agree with Conveyancer and Syckend, go for an injunction without delay. You and the other ROW users are right, be confident and start proceedings. When our solicitor commenced legal proceedings against our neighbours, we had a date for an injunction within 6 weeks.

Good luck.

Puzzled

Beech
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Post by Beech » Mon Jan 09, 2006 3:22 pm

Puzzled wrote: go for an injunction without delay. You and the other ROW users are right, be confident and start proceedings.
Precisely, I can't understand why your solicitor didn't do this as soon as your access was blocked.
[size=84][url=http://ask4help.org.uk/]http://ask4help.org.uk/[/url][/size]

Anthony Westoby
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Commandeered Private Right of Way

Post by Anthony Westoby » Mon Jan 09, 2006 7:51 pm

Puzzled, I understand where you are coming from,Puzzled, on this Forum all I've been posting are the Basic, True facts as events have unfurled here. To say more, would be to reveal more of the structure of this confidence trick, for that is what it is, no more, no less and it involves some pretty sensitive local areas!

Very true, the cost IS prohibitive and I wanted to make absolutely sure I had my facts 'bang on' before I did anything at all, your right, it IS a mess but I assure you Puz, none of this is MY doing ---- As I have said it is very near a case of Conspiracy, I would have said but then again, who am I?

I am now quite convinced that I should do as you advise.

Before I connected up I had already spoken to Sol. and he is reading my posting as we speak. He said he hadn't heard of this site and was VERY interested.

Beech, There were lots of very good reasons at the time I assure you and all will be revealed in court, I am sure, rest assured I will let you all know of developments from now on.

syckend
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Location: South Coastal area

Re: Commandeered Private Right of Way

Post by syckend » Mon Dec 05, 2011 2:41 pm

Hello Anthony
I've returned to the forum after a long break due to illness and a long fight to procure compensation for a relative due to NHS negligence after he was let down by solicitors.
I just wondered whether you got your ROW back? :?: :roll:
I advise as an experienced layman whose dispute via Courts lasted 5+yrs. Try to avoid this route©

Anthony Westoby
Posts: 544
Joined: Thu Dec 22, 2005 7:23 pm

Re: Commandeered Private Right of Way

Post by Anthony Westoby » Mon Dec 05, 2011 11:32 pm

My Dear Syckend,

Delightful indeed to see you back on this Forum and I remember well your contributions in 2005. At that time I was a very green man on a very steep learning curve.

The help and support we all get from the people on here is undisputably of the greatest possible help.

If only to aquaint one of the NFH's and the bully boys and their ways, which are all too similar and utterly predictable to me now.
I realise that there will be others, like you, on here that will be more than mystified as to why I have not redeemed the full use of my RoW yet. My NFH is saying of course that I have given up ----- quote "As they all do" He will get a rude awakening when I do move on it, believe me. Since we were last in contact, I too, have had problems with a member of my family and the NHS, who finally admitted they had 'got it wrong' I didn't sue, perhaps I should have. (There is only so much hassle a family can take, is there not?) We have to think what we are doing to others when we move to protect our own legal interests, it'a fact no LA will do it for one, sometimes I wonder why we pay them at all.

I am pleased you have got over your indisposition, I know only too well how that feels.

The continuing story unfolds to bring into sharp focus the original owner of the land in question, which as you know was sold by him in 2000 or thereabouts, to the present blockhead, or blocking head.

However because I had 'gone quiet' this original owner who lives close by ---- decided he would try to 'con' his next door neighbour (with a bribe to share the costs of her new fencing) by ----- to put it in his terms ---- to -- 'fence me off'
This she would not do and informed me of his intentions (Subsequently taking the full costs of her garden fencing herself)
So this miserable man took it upon himself to erect yet another blockade ---after ---- the original fencing off of our RoW at my end, alongside my own access gates.

This confirmed the 'conspiracy' I have posted about and his true colours were then seen in full.

So ultimately faced with the prospect of removing 7 - No. concrete posts instead of 3 I had to do something about it, so I employed some garden contractors to remove it for me (the blockade) and give him it back onto his property.This was done (not without some commotion and the Police were called who said it was a civil matter and left but I know this man had form for GBH and so would keep low) Then I erected a new deliniation fence at this 20ft length of the RoW.

Now I am back to the original 3 - post fence blockage and the trees he has planted down the centre of the way, plus his obstructing gates at the entrance to the way which he has collared as an ancillary driveway for himself.

The shop at the corner of the street highway entrance proper, was sold and bought by the NFH's brother who made it into a residence. He has lived there for the last few years but has now sold it ----- declaring to all that will listen that he has 'fallen out with our kid' ---------- 'Our kid' -- (the NFH) has gathered up an Asbo because he refused to cut his Leylandii and the neighbours complained bitterly and won!

It's a crying shame that we can't pay to complain about having our Row commandeered by this lout, is it not? --- To the LA, I mean.

TonyW.

syckend
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Location: South Coastal area

Re: Commandeered Private Right of Way

Post by syckend » Tue Dec 06, 2011 10:10 am

So Tony the moral of your story is to act quickly when anyone blocks off a Right of Way - as you did the second time. And fortunately the police kept out of it - as they should do unless a crime is committed.

I suppose, looking back, you wish you had got hold of a JCB and removed obstructions as soon as your ROW was blocked - as a neighbour did with a ROW serving our previous home [and a dozen others] several years ago. In such a situation, the important thing is for those who benefit from a right of way [or any other civil right for that matter] to have copies of relevant covenants available to prove that they are doing nothing illegal, if and when they take pre-emptive action to re-assert their rights.

The trouble is that in this country the wheels of justice turn so slowly where civil matters are concerned, and it seems only those with loads of money and/or access to sound legal advice have a hope of getting their problems resolved. That is why this forum is so important. Long may it continue. And Tony I hope it won't be long before you are able to get that car out and drive it down the ROW.

Anthony Westoby
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Re: Commandeered Private Right of Way

Post by Anthony Westoby » Wed Dec 07, 2011 12:41 am

Yes, Syckend, you are right on the button of course but we can all say these things could be sorted differently in hindsight and I think, to speak generically if I may about the very fully qualified people who respond on here to problems of this sort , I must say that there perhaps should be more emphasis on the emotional and family problems caused by these law breakers.

In my case, there was maximum distress caused by this rampant bully, to my environs and my family and there must be, in the future, much more emphasis (on this side) of these property disputes and in my opinion, the police should take a much heavier hand in stopping the actions of these land grabbers instead of appearing to support them in their actions by arresting those whose quality of life is destroyed completely, whilst the perpetrators get away scot free.

At the present count, four people living alongside this bully have had strokes and two of them have died, i'm not saying that this man caused these deaths, God forbid, but it certainly hasn't helped the job along, tha knows.

I will post my next move in due course, watch this space.

Brittlestick
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Re: Commandeered Private Right of Way

Post by Brittlestick » Tue Jan 08, 2019 8:42 pm

Hi all,
Seems to me you deserve an update after all this time. Nice to see 'Petal'has won his case and gone forward. ------- We're in the same fix as we have been since 2000 but at least we can now see a lot further down the RoW, as I have removed the major part of the nfh's plantings down the RoW in 2017. I've been cleaning my plot and rebuilding the old garden tool shed, all within my plot curtilage. Last conversation with the enemy was the lady, Janet, whom I have not met before and she told me ('as they do') that the dispute was a civil one and nothing to do with her and her partner (unmarried, she says, repeatedly) I explained to her that the Police, as close as 2016, had taken this case to adjudication and that I :roll: :roll: was sure she would be aware that I had been exonerated from any charges of Criminal Damages brought by her partner. She said all I do is shout at them and I pointed out that as this was the first time I had met her, in 17 years I didn't see how she had come to that conclusion. :lol:

Brittlestick
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Re: Commandeered Private Right of Way

Post by Brittlestick » Sun Jan 13, 2019 6:31 pm

I see the garden law discussion site has changed. I am trying to find out if the old posters are still available, perhaps if an administrator can see this, they will respond. Thankyou in anticipation, Brittlestick

arborlad
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Re: Commandeered Private Right of Way

Post by arborlad » Tue Jan 15, 2019 9:01 am

Brittlestick wrote:
Sun Jan 13, 2019 6:31 pm
I see the garden law discussion site has changed. I am trying to find out if the old posters are still available, perhaps if an administrator can see this, they will respond. Thankyou in anticipation, Brittlestick



The OP last visited the site in April 2016.

The e-mail notifications of new posts is not working correctly and is sporadic at best, hopefully with your two posts and my third, the OP will get an alert :(

Failing that - send a PM.
arborlad

smile...it confuses people

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