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  • PLANT POTS

    Some advice again please. I live in an end of terraced property of which there are a total of 4 houses on my block. Because of the layout of the properties, the other three houses share a communal pathway whcih runs parallel to the front of there houses. However, in the case of the path that runs parallel to my window...this is NOT a communal path. This is private property. I have checked this on the site plans that was provided by the solicitor when I bought the house from new. My boundaries are clearly identified. Anway, in an attempt to brighten up the front of my house, I bought some plant pots and put them at the front of the house on the pathway. Also, there are some unsightly drains outside my window so this helps divert your attention from this. What has now happened is that my NFH has threatened me with legal action, saying that if anyone visiting him injures themselves by falling over my plant pots..will result in a claim for damages against me!!! I clearly pointed out that this part of the property is not right of way!! They have chosen to ignore this. Can anyone give me some help on this? I dont want to remove the plant pots...they are very nice!! What is the legal issue in relation to persons who are injured on your property whilst tresspassing???

  • #2
    Some people have such brass necks!! Your neighbour sounds like one of them!!



    I couldn't tell you the legal position but I would assume that you could only be sued if you were careless. e.g. if you didn't clear a snowy path and somebody slipped, or if something was in disrepair and you failed to fix it. Perhaps you could put up a notice saying that your path is private property.



    I'm fairly sure that trespass isn't actionable but if somebody should do any damage to your property whilst trespassing then you could sue the perpetrator.



    Hopefully someone will be able to give you a fuller answer. In the meantime, I hope your neighbour and his visitors give some thought to what you have told them. Don't let them bully you with threats of legal action.



    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

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    • #3
      Hi there,



      Can only offer a couple of words of advice .Im not a solicitor (yet!!)



      I lived on a farm where a "rambler" hurt themselves on some old barbed wire which had been left discarded in the corner of a field .

      The farmer was prosecuted !! under health and safety legislation, cannot be sure exactly what but it may be a warning to you and perhaps others in your situation.



      It would appear in the first instance that to resolve this issue you need to clarify the "right of way" with your neighbour. This will probably go a long way in solving any future problems. If as it would appear , your neighbour is being an awkward s*d! then tread carefully!!(pardon the pun)



      You dont say ( or perhaps I didnt pick it up) do you actually own the path? if yes then close it off at each end. Are you responsible for it's upkeep and maintainance etc. if not then it constitutes a right of way im afraid even if it is "attached" to your property.



      Be prepared for Mr Awkward to go out of his way to start causing problems if you dont pander to his whim. You may well find that someone is mysteriously "injured" soon. Get the condition of the pots checked asap!.



      Hope that this has been of some help .



      keep in touch.



      "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!!

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      • #4
        Hello ChrisK



        Honestly, your Neighbour sounds like he's already on the phone to one of those "no win, no fee" companies in the hopes of making a quick quid! Good grief, he sounds like a difficult individual to live nearby thats for sure!



        Does the path have an opening at both ends along the communal route? I wasn't sure by your post, or I'm reading it wrong. Is there just one entrance/exit and is this at your end only?



        If there are two entrances/exits along the communal path of the 4 terraces, how does the neighbour at the other end feel about things/do? If there's only one entrance/exit at your end, I would imagine that you have to keep access open for visitors/houseowners, etc. What do you do on wheelie bin collection day for example - do all neighbours wheel their bins down the path to be collected at the bottom, etc, etc?



        Who upkeeps the path? Say, if the concrete split and someone fell over and hurt themselves? Is it council maintained or do you all 'chip' in for it's maintenance?



        Sorry for all the questions, just trying to get a mental picture

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        • #5
          Thanks for the replies. In response to your questions I thought it good to clarify the following points. When u look towards the direction of our group of houses there is allocated parking for each persons house and beyound the parking is the pathway. On the plans it is clearly identified that the right of way exists on the other end of the group of four houses but stops at the point where my boundaries begin. However, the lalyout of the development is such that people dont necessarily need to gain access via the pathways as it is very open plan...they can just walk along empty car parking spaces or a past my window ( can be annoying when u are sitting in the kitchen )!!! Nonetheless, I am responsible for the upkeep of the path parallel to my house as it is not shared. As for the plant pots...there is nothing wroing with them, Admittedly, they are not pushed right back to the wall of the house...they are in the middle of the path!!!!! But afterall...its my property so I should be able to do what I like within reason. I am confused...its sseems as though i have no rights!!!

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          • #6
            Thanks for that Badger,



            Your knowledge of Health & Safety legislation is invaluable!!



            keep up the good work!!



            Chriskeily- what is the latest on the pot issue???



            "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
              Originally posted by Badger@Jan 26 2003, 11:03 PM

              I don't see plant pots as being something that can cause injury in itself,
              you have heard of "when pets go bad"



              you have heard of "holidays from hell"



              now its the turn of "plant pots from hell go bad"



              watch as these seemingly mild mannered plants pots fight back.......protecting and fighting for their terriotory........battling for mating rights.....undeturbed by from the big footed neighbours who try to destroy their tribe.....



              PG rated!!

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              • #8
                Brilliant Beth!!!



                "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


                • #9
                  Oh you lot......



                  Will you just LEAF this alone now? You are POTtering around on this forum like you are all Alan Titchmarshes or something

                  Comment


                  • #10
                    Matthew....do not take lord Titchmarsh's name in vain....



                    I have not meant to trivalise this but like Aquarius says......we need to keep a sense of humour....



                    .....My jokes however are a lot better than Matthews!!!!

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                    • #11
                      UPDATE....Ive taken the plant pots away...I just couldnt be bothered with the aggrovation from the NFH.I dont see this as giving up...I see it as a compromise on my behalf in that I know my rights and my neigbhours are wrong. Still though, Empty threats from them dont bother me but at the same time I cant put up with being accosted each time i step out the door all because of some plant pots. I got my deeds...the property is mine. Anyway, thanks for your help in the matter. No doubt my NFH will be considering my compromise a victory on their behalf...o well..

                      Comment


                      • #12
                        hi Chris!



                        it makes you the bigger person by compromising, let them think what they want!!



                        if it makes your life a bit more peaceful then thats all that matters.



                        good luck!

                        Comment


                        • #13
                          You have shown remarkable dignity in removing the pots. I can understand that you can get tired of the constant hassle and aggravation.



                          It does wear you down



                          Hope that things settle down



                          The Horsefans





                          ps Badger what on earth do you mean????!!
                          "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


                          • #14
                            Then "come out" laddie



                            nothing to be ashamed of!!



                            but obviously the take no c**p attitude is not appropriate in all circumstances!!



                            "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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