- Posts: 64
- Joined: Thu Mar 31, 2016 9:44 am
- Number of Posts per Page: 10
- Number of topics per page: 10
Spot on. We stood up for ourselves, made it impossible for our neighbour to encroach and trespass and it was well worth the money spent in putting a barrier up. The nonstop trespass attempts failed and a year later peace reigns.
I feel something physical in place would be the way to go, at least temporarily while you explore any legal options
arborlad wrote:asprint wrote:The vehicular access to my property is via a ROW which passes over an access road to the front of the two neighboring properties who own the sections in front of them.
What separates your property from your neighbours, how obvious is that separation?...........any walls/fences, etc., what of the surface, does it change from concrete to tarmac?
A sketch or title plan might help.
I have asked for your threads to be merged.
It's going to be a lot easier to assist you when we know the layout of the properties.
Is the neighbour who is cutting the hedge also blocking your access, or is that entirely unconnected?
smile...it confuses people
It is an endorsable offence to drive onto private land without authority. There is an exception ... you may drive up to 15 yards (metres?) for the purpose of parking ... but you must park. The 15 yards is measured from the public highway. I don't know if somebody can drive off their land onto your land.
I "done a Google" for WHEEL CLAMPING ON PRIVATE LAND ... at one time you could call in a Man with a Clamp, whenever you needed him. But HMG changed all that. Clamping isn't allowed any more.
It is an offence to block somebody from leaving your property. It is an offence to block somebody from leaving their property by parking across their dropped kerb (police matter). It is an offence to block somebody from entering their property by parking across their dropped kerb (police probably not interested, LA should enforce). It is an offence to park across your own dropped kerb, unless you have permission from your LA. My neighbour failed her driving test because she stopped (not parked) too close to a dropped kerb.
If the visitors move their cars, then return as soon as you have passed ... come back in ten minutes ... and go out after another ten minutes ... and come back, etc. It's your right to do so ... somebody was paid so you can have that right.
There is a new business started up ... rent your drive by the day. So put up a sign PARKING £20 PER DAY OR PART OF A DAY. Be prepared to make a Small Claim. There is a fee, but I believe it can be added to whatever sum you are claiming. You have to turn up in court. Your neighbours visitors will have to turn up in court. Don't turn up? The other party wins! Enforcing the court's award may cost you more than it's worth ... but if they don't pay, banks may refuse a mortgage if CCJs are recorded.
It can been seen that this has been a long and drawn out problem with a neighbour who simply did not seem to recognise the responsibilities that went with a ROW and since being forced to complain to him he has over the years escalated it to the issues reported here. The individual clearly seeks confrontation which I do not and have therefore, chosen the more passive route hence going the previous legal route which I thought would be an end to the matter.
The boundary is clearly visible as it changes from a tarmacadamed to block paved surface which the neighbour has clearly been able to identify and not trespass on for the 2 years since he gave the written undertaking (and on numerous previous occasions when it has chosen to suit him) until the end of May this year.