right of way/access through my land query

missprice

I have a problem with my neighbour.

He and all his family (not sure how many kids, they never stay still long enough to count em) use my driveway for access to the street.

It is extremely annoying as they live on a cul de sac and have ample access from their own street to wherever they want to go. Several of his children have tried to commit suicide by launching from my drive onto the street, my street is much busier than their cul de sac!!

Now my questions are
1 can he sue me if his kids get hurt, because my drive is not blocked?
2 can i block my drive by law with a gate and padlock?
3 can i ban him from using my drive as a shortcut, he has been using it for nearly 2 years now, in other words how long does he have to use it before it becomes a "right of way"?
4 should i get a very big man to tell him this, because (as part of his lifestyle) he ignores me completely because i am female?

this is getting very frustrating now, I even offered to sell him my driveway so he could use it legally and it would no longer concern me when his kids used it. he refused and said he was allowed access by law, which i dont believe, but i dont know for sure either.

many thanks for any replies

sx

mrcow

I think that you may need planning permission if you want to erect a gate more than 1m high if it's next to a street?

I could be completely wrong though.

This guy sounds a bit of a trouble maker, if you did build a gate, would he not just jump over it?

mrcow

Sorry should have added........

Just give your council planning department a call. They'll tell you exactly what you're allowed to build without permissions.

Also, how is he gaining access to your property in the first place? Any chance of fencing him off at that end?

Wig

I should think a gate can be as high as a fence without planning, which is 2 metres. ***edit - Not when it's facing a highway see my post below*** I'd consider a wire mesh fence 4 feet - 6 feet high as appropriate along the boundary with his house, to stop them coming through to your land. He has no right of way unless it is in the deeds. If you want a short term measure to stop right of way becoming through continued use ( no I don't know how long but I'd think something like at least 10 or 12 years) just put up a sign saying "private property, no entry, no right of way."

Hippychick

It's 12 years continued use to prove a right of way and to get it registered he'd have to submit sworn statutory declarations to HM Land registry.

I doubt he'd bother doing that but if I were you I would block him off now, it's your land you're entitled to put a fence up (subject to planning laws) should you wish.

missprice

thanks for all the replies,(esp the 12 year bit)

to answer some questions, he gains access via his back garden onto my driveway, his fence has fallen down and he uses that fact. its not for me to replace it, although a wire mesh fence may at least give him a message, and not cost the earth.

if i do put a gate up, he may well jump over it but his kids wouldnt, and they could not then play footbal as if the ball went over the gate, they could not get to it. that would give a lot of satisfaction at least. am sure that if i put a gate up, i can keep it locked so the kids really cant get out. also could i not use a spikey metal thing on the top? (i know what i mean). its to a private driveway and would not block access to my house as there is always the front door.

you are all stars and thanks very much

sx

Becles

I had a problem with children climbing into my back garden to retrieve balls rather than knocking on the door to ask for it back. I was frustrated as they have damaged the fence, broken a garden furniture by standing on it to climb back over and killed/damaged many plants.

The Police advised not to use anything spiky, barbed wire or broken glass on the fence as if a child is injured you could face charges against you.

He did recommend the use of anti vandal paint. It's thick and sticky like tar, and it doesn't dry, so if they try to climb over, it goes all over their hands. It doesn't injure anyone and it's solved the problem of climbing children. I would try paint instead.

wobbley

Big fence and a big dog will cure it !

Geese are also excellent at deterring 'trespassers'.

Maybe a really big deep pond bordering their back garden where they come through.

One of these perhaps
http://cgi.ebay.co.uk/Electric-Fencing-Fence-12v-Stater-Kit-4-5ft-posts_W0QQitemZ7243092188QQcategoryZ1048QQrdZ1QQcmdZViewItem
If you do, could you video it for me?

woodbutcher_2

Have you just thought of telling them to stop.It is your drive after all and if it were me i wouldn't put up with it.

Jays

Or planting very spiky, anti-social, bushes such as hawthorn, the inch long spikes would puncture his tyres. There are other anti-social shrubs that garden centres sell, to deter burgulars from jumping over fences.

Have you checked your property deeds, does he have right of way onto your property as sometimes it may have been a right of way from decades ago?

Jays

Jays

missprice wrote:

I have a problem with my neighbour.

4 should i get a very big man to tell him this, because (as part of his lifestyle) he ignores me completely because i am female?


sx

ummm, is your signature supposed to sign you off as 'Mark', is it an unusual nickname or an error?