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  • rights of way

    hi,



    can anyone give me legal advice? i have a pathway which goes to my door and then to my garden. the tenant above me, who has made deatht hreats to me, bangs the floor if i use my bathroom light switch and threatened my friends,amongst other things, has asked the council to have a right of way to his garden using my path. he has a path of his own, he has already smashed down the boundary fence between our paths. the council are considering giving him the right of way because it was orginally a shared path, but it was changed two years ago and he did not want to change it until a neighbour (another nfh) told him how it was originally. my beef is that he accepted the flat in October last year with the path the way it was, and bearing in mind his attitude i am really scared that if he has the right of way he can be right outside my door without censure. any advice please?



    pixie :unsure:

  • #2
    Any chance of a quick sketch to show us how the paths are laid out?



    FF
    Howard:"You wanna be careful, before you know it you'll wake up in a bush singing songs about brooms"



    Vince:"You don't know anything about me. Do you know anything about me?"



    Howard:"I know...of you"



    Vince:"Yeah, well, if you knew me you'd know that I don't sing songs about brooms...I sing songs about love...

    Lovely lady with the eye

    Lovely lady with the eye

    You've only got one but it's a good one

    Lovely lady with the eye, the eye, the eye, the eye, the eye

    coming forward on a string, thats not normal, urgh

    Yeah! I'm in a band..."

    Comment


    • #3
      Hi pixie and welcome to NFHiB



      Can I just check with you, are you and this neighbours both tenants? If so, is it with the Council or Housing Association (HA)? Or do you/him own your properties?



      From the sound of your post, it seems like you are both tenants. If that is the case, what have your local Housing Office said about this? If the resposne has not been favourable, have you contacted your local Councillor/MP?



      It would be great if you could provide us with a bit moire information so we have a clearer picture of what is going on.



      Holly :ban:

      Comment


      • #4
        By far and away this is not an easy one for sure anything to do with boundaries and rights of way is a civil matter and threats of a personal nature are another. The latter I will deal with later.



        Firstly, the council that you have is not known for their helpfulness nor co-operation skills and this is the problem that you have. To use the maxim - pushing glue uphill - would be somewhat of an understatement here. However, you state that the boundaries were changed two years ago ! Why ?



        Why were the boundaries changed and what necessitated that changed to take place - there must be a direct reason behind this happening ? It doesn't just happen for no reason someone doesn't come along and says oh think we might change that then Rodney ! There is a direct reason for this.



        I suggest that you try someone called Jeremy Wright he is your NEW prospective Parliamenatry candidate and he is also both a personal friend of mine too. Jeremy is a Criminal Barrister and practices out of chambers in Birmingham. You need to go the Conservative Offices in Albert Street and make an appointment with him. Jeremy has many skills and is delft at dealing with issues such as this - lets not forget it is his job and given that the council would be aware of his legal background I think they would tread somewhat more carefully with this as Jeremy would - I have no doubt - take no prisoners.



        The fact is your council has a disgusting habit of pushing people from pillar to post but of one thing I do know - they don't always win - they might like to think they do, but, the long term reality is that you are just a small cog in one of their very big wheels. Its not exactly what you want to hear I know - but I am giving facts not flannel.



        Lastly, the matter with threats. Your local Police don't exactly have the best track record for grasping issues with neighbours and given that I come under the same Police Force too I think I can speak on a platform that without doubt shows what we have had to put up with over the years. I suggest you do as others have said before and start keeping a log in a book - not scraps of paper get a book, dairy whatever and keep it with pen at the ready and log. There is more than one way to deal with the Police and I have found many a loop hole, but my advice firstly is that you play this right by the book. I know how much you are suffering right now from your personal mail to me, but if you take my advice and I shall and will be prepared to guide you through this; you will come out better for it at the end. A bit bruised emotionally of course - but by doing this through the correct proceedures will pay dividends in the long run. You now have my direct email address and you can contact me directly should you wish to do so. I am not always about on NFH due to both professional and personal commitments but regardless of where I am I always make a point of returning my personal emails in whatever shape and size they come and that is my personal guarantee to you.



        Be strong and fight - but do the fight by the book and no-one can take aim otherwise.

        Comment


        • #5
          Hi Pixie



          Welcome back



          Sorry to hear you are still having the same bother with NFH's



          Stick with the fantastic advice you've already had and you can sort this out.



          Good Luck and let us know how you are getting on. :clover:



          Mazza

          :nfh1:

          Comment


          • #6
            Hi All,



            Thank you for all your advice, i contacted Mr Wright as suggested, but unfortunately he has not replied to my correspondence. the borough council have pulled a fast one on me over the path, they have made a report to be voted on by councillors, and totally whitewashed the fact of the death threats made to me etc, merely put me down as "difficult". i have tried to find legal advice and shelter may be able to help. i have also reported one particular housing officer for breaking the data protection act, as she discussed my personal information and named my vistors when talking with the man whomade threats to me (i have irrefutable evidence). however i went into my local town hall today and realised that the council had published the cabinet meeting agenda on a public notice board with my full address on it, so all and sundry visting the offices will be able to see it. i made sure it was removed for the time being!! anyway that's the update so far, it seems as though the nfh will get his way and be able to gain access past my door, so as from wednesday i will effectivly behomeless as i cannot stay in my home knowing that the nfh has the complete backing of the council. i'll keep you posted and once again thanks for the great site and support



            Pixie x

            Comment


            • #7
              Oh My gooness Pixie,

              This sounds terrible...no sense at all to it all :sad: .



              If you have police reports about the death threats, take it to the housing officer who you see about being homeless. The Housing Officer is obliged to look into this matter, so don't be fobbed off and definitely involve Shelter if you can.



              Please keep us posted



              Mazza

              :ban:

              Comment


              • #8
                Hi All,



                just a quick update for you. My NFH has reached a new low. My water tanks are in his attic (crazy i know!) and this afternoon the NFH turned off my hot water supply and went out for three hours. I had to call the plumber who said "nothing we can do he's not in" and a local councillor to witness i had not turned my own water off. Surprise surprise when the NFH came back in my water miraculously started coming out of the taps!



                it's scary that i am now relying on him for my hot water





                Pixie

                Comment


                • #9
                  Oh Pixie!!



                  this is now getting beyond a joke, he is intruding on your basic living needs :rant:

                  your human rights have been affected in my book



                  glad you got it witnessed



                  I think you really need to get a solictor involved with this, who the hell does this pratt think he is??? :banghead:



                  might be an idea to get a water contianer so you can be prepeared if he tries it again



                  please be safe and careful :flowers: :clover:

                  Comment


                  • #10
                    Hi Pixie



                    Have you managed to see someone at Shelter yet? Or a specialist Housing Solicitor? If not, I would advise you to try and sort appointments out on Monday.



                    On Monday you should also approach your local Housing Needs/Homeless Persons Unit and state that you wish to make an application as homeless under Part VII Housing Act 1996 (as amended by the Homelessness Act 2002). When you get the decision on that application, make sure you get it checked out by Shelter/your Solicitor.



                    Good luck. Keep us posted with how you're getting on.

                    Comment


                    • #11
                      Pixie,



                      It is very urgent that you go to the Homeless Officer asap on Monday.



                      Your NFH has broken the law by cutting your water off and now you have a witness to prove this.



                      Please be strong and insist to see an officer on Monday.





                      Mazza

                      Comment


                      • #12
                        Thank you all for your advice, i will certainly try shelter again on Monday. It has come to my attention that secret reports have been made about me by the council's head of housing for a cabinet meeting on Wednesday. the reports are full of lies, basically making me out to be the nuisance neighbour. i really cannot understand what the council are about, it makes me wonder how they would feel to be in situations like ours They just go home to their comfy lives and don't seem to have any thought or care about the victims. I will keep you all posted, good or bad



                        Love Pixie x :cry:

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