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  • right of way

    hello,

    we have a next door nfh,who has a right of way over our drive ,his garage is next to ours,on our drive.

    we have fallen out,and he has fitted a reversing bleeper to his car,and makes full use of it.

    he has a notice on his garage saying we cant park,or obstruct our own drive.

    we have 2 children and need to put a gate up,any ideas over safety assessments to justify the gate for child safety reasons ,he has threatened an injunction through a solicitor if we put a gate up.

    any ideas



    davidm

  • #2
    hi David welcome to the board,



    parking is such a big problem these days, me and my next door neighbour are together in battle against some builders further up the row, we are waiting for our good neighbour to totally lose it.



    The first thing I can suggest is you check the house deeds, find out exactly where your boundries are. you really need to do this!!! otherwise you will not be able to fight the case to your best ability.



    if you part own the drive way he can not stop you from accessing your own property,

    he sounds like a little bully!



    I think you should contact CAB and ask for their advice too.



    As for saftey, if you need a gate you should have a gate, this is one reason you need to check your boundries. so you only have it at the end of your property and not on his.



    As for his beeper, is it loud?

    and does he use it between 11pm and 7am?

    if he does you could complain to your local authority!



    I am sure you will get loads of advice on here which will all be very good!!

    our members have been through a lot!!



    please keep us updated!

    Comment


    • #3
      Hello David,



      Welcome to the board. I'm afraid I don't think I can be of any help other than to commiserate with you on having a bolshy neighbour.



      I can understand your concern for your childrens' safety and I'd expect any decent normal human being to be concerned also. Is there a way you can fence off your drive so you children cannot get access, or would this prevent Mr.Understanding from accessing it as well?



      If he has legal right of way I think you'd probably have to seek advice from a solicitor. Sorry I can't be more helpful but there are lots of other people on the board who might have some ideas to help.



      Misty
      "Almost anything you do will seem insignificant, but it is very important that you do it. You must be the change that you wish to see in the world." Gandhi

      Comment


      • #4
        Hi David, welcome to the board Good to see you.



        Just to re-iterate what I said in our last e-mails really and Beth has also said this too; I think checking the deeds to your property is a must do next step, if you haven't already.



        Ask the Building Soc etc for a copy (you may have to pay a fee!) if you haven't got them or you could try and get boundary information for your property and NFH's via the Land Registry (again, for a fee I believe). But I would have thought the deeds are your best bet for now.



        Definitely I think the time has come to consult with a professional solicitor and maybe make use of an initially free consultation to get some help/legal info and viewpoint/fact (use caution though here as many members have posted warnings about using certain solicitor services on the forum board).



        Above all, don't let your NFH think he is getting the better of you - keep a cool head, stay objective, don't be pressured and be calm at all times. I know this is hard, but your NFH will 'feed' off your discontent and encourage him to cause more petty trouble for you if he 'sees' a reaction. If you have to ignore him fully, then so be it, do it



        Reversing beeper noise is an evironmental noise nuisance and you should get in touch with your local authority Environmental Health dept to see what their particular viewpoint, policies and standing are regarding these and if they may be able to take possible action - it may be unlikely, but worth a try.



        Good Luck and come back often!

        Comment


        • #5
          many thanks for your replies.

          we are lucky his solicitor sent us his deeds.he has a right of way at all times and for all purposes over our drive,(because his garage is at the top of the drive,next to ours).on his deeds is a schedule:not to do or permit to be done on the said property herbey conveyed anything which may be or become a nuisance or annoyance to the neighbouring or adjoining owners.

          any idea if this is normal for deeds,and how we can use this to stop the nuisance.

          cab sounds interesting and the other link .

          he has fallen out with every body around him, we ignore him,but feel he is harassing us which I am determined to fight.great feedback once again many thanks

          david

          Comment


          • #6
            Hi David,



            It would appear to be the standard "get out clause"! when dealing with shared access.

            Basically as long as it does not "infringe" on your neighbour , nothing he can do if he simply "doesnt like "the idea of a gate, HOWEVER!!!, should your proposed gate infringe in any way with regard to his access then it is a no goer im afraid!!



            You need to be very careful about this as it could cost you unecessary cash/trouble/heartache!



            You might be able to reason with the guy on the grounds of your childrens safety but it would appear that yor neighbour is a (unmentionable).



            Sorry to be blunt mate but you need to be a realist. You might have to think about plan B( if you have one)



            keep us posted



            "Take off and nuke the site from orbit- it's the only way to be sure!"



            apologies if you are an "Aliens" fan



            Posh Noodle - NOT for the likes of YOU!!

            Comment


            • #7
              Hi David



              Just out of interest, does your neighbour have any children?



              I know that it isn't nice speaking/ trying to reason with unreasonable people, but i just thought that if they did have children then they may be more amenable to the proposal of a gate for child safety reasons. If they don't have kids, then try to suggest that by having a gate there may be better security for their home(?). If either of you block each others access then the person being blocked is entitled to apply for an injunction.



              Like others have said, there are likely to be problems if you erect a gate/ fencing and this blocks the shared driveway. Again, like others have said, you need to check your deeds and any covenants that are in them.



              Re: noise/ reversing bleepers - start keeping a record early on so that you can log what times / how long / distress caused to you/ your family.



              I am sorry that you're having this trouble, I know what it is like and what a headache it can be having hassle with parking/ noise. Your home should be your haven and where you go to relax and feel content. With nfh's about, unfortunately, that isn't always the case.



              Good luck

              Comment


              • #8
                Originally posted by Badger@Jan 11 2003, 2:22 PM

                Maybe there is a challenge to him under the Children's Act?* Hope it doesn't have to go that far though.



                Cheers

                Badger
                Interesting thought with the 1989 Children Act - I'm not sure anything would be of direct use there, but definitely worth a check.



                I'll have a look through my annotated copy and check in case. The only thing that really leaps out at first glance is that "parental responsibility for children" may be applicable in this case.........

                Comment


                • #9
                  to badger/mathew



                  the childrens act is a very interesting idea,we are not speaking to the nfh because I dont want to argue in front of the children,we are thinking of informing him,(through his solicitor) of the gate going up,then keeping it open for a month,so we are not restricting his access.then only shutting(but not locking the gate)when the children are playing in the garden.obviously he will object,but injunctions are an expensive process,and he is a retired teacher!,and may think twice about legal costs of £160 an hour.

                  Maybe we can get a risk assessment under the childrens act,over safety of having a gate versus not having a gate.Im looking at my new fencing which my builder wired up to party posts,in the back garden,they seem to be somewhat strained ,because he has cut the wires holding them up,trouble is ,we can accuse but have no proof.bl**dy annoying though,I expect he got a lot of pleasure from thatI think he did this in the summer.

                  He has also got a rusty old caravan parked right in front of his house ,which is a real eyesore,and any normal person would have junked years ago.this is the view from my lounge window,surrounded by nice countryside views.

                  Once again many thanks to everybody for your ideas,and support.

                  Comment


                  • #10
                    I think you're doing the right thing. Your kids safety and wellbeing come first, and a gate sounds like a priority. Writing first to his solicitor, if communications are fraught, sounds like a good idea. Personally I would outline safety concerns, enclose a sketch of the proposed gates' layout & open and shut positions, and invite any suggestions from him for any alternatives. I would certainly invite discussion rather than confrontation - Though it is a shame that a few (but too many) folk seem to thrive upon the latter.

                    From my knowledge, I'd recommend;



                    Checking the Conveyance to both properties, which the Land Registry should hold.



                    Making sure your gate is 'user-friendly', easy to open and shut. I do know that you are not allowed to block an easement or access. A gate that opens easily would be unlikely to be considered an unreasonable obstruction by Magistrates.



                    The CAB would have the relevant legal advice for you.



                    You have a right to enjoy your family life and children growing up in safety. Unless you have a total nutter nfh, it may be worth just being nice, helpful and friendly to him, and not feeding his cantankerous ire. However, it can be shocking how awful, bitter and resentful some people can be toward families. You can probably guess by my username how we 'dealt with' our extreme nfh situation; It's so much better now that me, the wife and kids are smiing more these days!



                    All the best to you, Davidm. Hope it all works out for you.



                    Gladwemoved

                    Comment


                    • #11
                      Hi



                      keep us posted how things develop here. We are following your topic with interest.



                      This really is the stuff of nightmares!!



                      "Take off and nuke the site from orbit- it's the only way to be sure!"



                      apologies if you are an "Aliens" fan



                      Posh Noodle - NOT for the likes of YOU!!

                      Comment

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