right of way/access through my land query

missprice

jays, thanks for pointing that out, i shall change it as soon as i can find better. siggy is wrong and i havent bothered changing it, its from years ago when i first signed up and there was a problem with the site (all the siggys were mixed up)

yes checked the deeds (first thing in fact before i made a fool of myself) no right of way exists. at least that is covered. and the house is not that old, that an ancient right of way could exist. in fact a lot of terraced rows were knocked down to build this bit.

woodbutcher i have now told him 4 times to stop, but as explained before i am female and he takes no notice.part of his culture i believe. no worries he will get the message eventually

wobbley,lol if i could put up a fence like that i would, but its a busy street and i can see the dogs having a problem when they want to relieve themselves on my new gatepost!!!

this is really hard to explain how my house fits with his, but i shall try!!!
our houses are semis attached of course. his faces one street and mine faces another. my drive is huge a double that tapers to a single wide, and his garden juts out in the single bit. so all he does is hop over his fence to the single bit and saunter out. he does not use it to park (yet) cos i always have a broken car in the middle of the doublewide bit (thats just bad luck and they are not my cars). but i can see it wont be long before it is accepted by them that they can also park there. thats why is was hoping to spoil it before it starts.
your still all great people and thanks for all the comments

sx

wobbley

missprice wrote:

wobbley,lol if i could put up a fence like that i would, but its a busy street and i can see the dogs having a problem when they want to relieve themselves on my new gatepost!!!

sx

Yeah, it would be shocking !

Wig

Hope this helps:
http://forums.moneysavingexpert.com/showthread.html?t=203350

mrcow

Jays wrote:

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

As it's the bank holiday weekend, how about getting yourself down to the DIY store and buying some fence panels and posts to put on your side of the boundary to stop him coming through.

Then either buy some of the above plants that you can plant in the ground, or if planting is not possible, buy some large pots and put some tall spikey plants just in front of the fence where he "used to" come through.

Get some friends round to help you for moral support.

That way, you're stopping him immediately. You can then go through the required planning etc for your new gates over the next few weeks or so.

You are not alone here. Thousands of people have similar problems to you each year with problem neighbours who think that they can bully and just do whatever they damn well like.

A great forum for support and good advise is the garden law website. It's a smaller site than here so there is not as much traffic, but they are a great and helpful bunch and will help with any practical questions you have.

Benny24

Get that fence up soonest!!!! The longer he keeps it up without any resistance from you, the more he will think he can get away with it.

If all else fails and he still persists, get the old bill to have a word with him!

Dora_the_Explorer_5

If you're worried about constant trespassing and you're a female living on your own you could try having a chat with your local community safety police officer. They're usually not very keen on females being bothered in the way you are and will be able to give you good, and legal, advice about your problem. Otherwise it sounds like a job for Big Tony and the boys

missprice

wow you lot are so helpful

thanks tons yous lot.

have a plan in place now, as i said my drive is huge (far bigger than the house needs) it can easily hold 5 cars, so i can set the gate a fair way back from the path/road. in fact i dont own a car so i can spoil his plans to possibly park there permanently. i think i will get away with 6 foot gate, although it may look a bit silly!!

plan to ask the local police force to have a word, but i hold no hope of resolution there, this is not the best area and they have more important crimes to see to.

i can put plants on my driveway but i cannot fix the fence where he is coming through as it isnt mine and he could just tear it down. i reckon the plants would have the same kind of treatment (so a big waste of money) although i could tear up the tarmac and leave a load of mud!! he wont want to track that through his house.

thanks to wig for the link, very helpful. i cant do anything til after the bank hol weekend but at least i have a plan.

again you are all fantastic people, and i shall endeavour to let you all know how it goes on

sx

mrcow

missprice wrote:

but i cannot fix the fence where he is coming through as it isnt mine and he could just tear it down.

Hi, I understand that you have a plan, so it's not so relevent anymore, but if you were to set the fence on your property (rather than right on the boudary), then he can't touch it.

Wig

This side of his broken fence is your land, you can put up a 2m fence there no problem, if he touches it that's criminal damage.

sparklymessygirl

Hi OP,

It is actually 20 years continuous use not 12 years. It is called getting a right of way (easement - right to make use of another person's land) by prescription (i.e. by using it without permission and without force and without secrecy). The 12 years was the rule for Adverse Possession (squatters rights).

Sorry but didn't have time to read the rest of the posts

Sparkly