Help! Can a builder just come in and do this?

Debt_Free_Chick

silvercar wrote:

This happened in a cul-de-sac I used to live in. The first we knew of it was when the owner in another street put in a gate across his back garden. Luckily for us his garden backed onto unadopted land and the council refused to get involved.

Agree - unadopted roads are nothing to do with the Council. They are private land and not public highways. Any cars parking on an unadopted road must be either the owners or parking with the landowners' permission.

halloweenqueen_2

I don't think theres much you could do about it - sorry.
If you were him I'm sure you would do much the same if you wanted to, its a pity he won't use them front but maybe he will be putting something like a side extension to the house up?
I thought it was a council owned road you were parking on? not an unadopted one? As long as there is not danger involved in him pulling out on to the road, the council won't object to him doing it. I did think the law had been changed with the rules of obstruction and preventing someone from carrying on in their normal way or preventing their journey had become an offence - but I stand to be corrected?
You cannot be threatened for parking against someones fence but I don't understand why you would want to pay for his dropped kerb? Is this just his way of getting his kerb paid for by blackmail - if you pay for the kerb I won't use your street? What would stop him from doing that once you'd paid anyway?
The councils new policy of encouraging us not to have cars is that a parking space is not required in any new build properties, so street parking will be more common. When you do move, make a private drive one of your must haves - I also assume you wouldn't expect anyone to park in front of it so I wouldn't do that with mr builder, he may be able to damgae your car and you couldn't prove it was him?
Good luck - hope you reach a compromise. All the best HQ

wizzkid_3

Yes, the road is owned by the council and yes, that is the choice, pay for my kerb or I disrupt your street!

We have thought about giving in to him and using our house renovation fund to pay for his dropped kerb, but you are right, he could still put a gate in the back anyway.

Yes, we have been looking at the situation from both sides and have tolerated his vehicles in the street and been VERY helpful and friendly towards him. It was such a shock to learn what he intended to do after he had promised not to originally and that he had started to become threatening.

We have suggested that he asks each time he wants access, and that has worked fine up until recently, now that doesn't seem to be an option for him. He just threatens towing away with his landrover or calling the police. Completely uneccesary as he only has to ask.

teb_2

wizzkid wrote:

We have suggested that he asks each time he wants access, and that has worked fine up until recently, now that doesn't seem to be an option for him.

Not surprised this isn't an option for him anymore. I'd be sick of it if it was me, especially since you dont own the road so why should he HAVE to ask you?

You got no rights, (but Bossyboots made a good point so check that out) just because you park there doesnt mean its your ground or your space. He probably asked in the beginning so he didnt upset the neighbours but it must be a right royal pain having to go knock on someones door every time to ask and then wait until they came out to move their car so its not surprising he's fed up now and doesnt do it anymore.

We've experianced this from both sides over the last 7 years and its not a good situation for anyone. you just gotta go with the legal side of things and if he's allowed to do it, then you need to wear it. Your rights are no greater than his.

I know how you feel though cos its annoying when something that works for you is disrupted by someone else. Been there and still got the stressed out t-shirt.

Debt_Free_Chick

wizzkid wrote:

Yes, the road is owned by the council and yes, that is the choice, pay for my kerb or I disrupt your street!

We have thought about giving in to him and using our house renovation fund to pay for his dropped kerb, but you are right, he could still put a gate in the back anyway.

I'm confused about this bit .... why is he asking you to pay for his dropped kerb? Where would this get you?

Yes, we have been looking at the situation from both sides and have tolerated his vehicles in the street and been VERY helpful and friendly towards him. It was such a shock to learn what he intended to do after he had promised not to originally and that he had started to become threatening.

We have suggested that he asks each time he wants access, and that has worked fine up until recently, now that doesn't seem to be an option for him. He just threatens towing away with his landrover or calling the police. Completely uneccesary as he only has to ask.

To be honest, he shouldn't have to ask for access to his own property. It would certainly get on my nerves, if it were me .... and probably yours too, if you were in that position.

I'm not unsympathetic - I can understand the inconvenience the irration; especially given his attitude. Neighbours, eh?

clutton_2

Much as i sympathise - i think that you have your answer already, but just dont want to face up to it

" I have been to the council and they say that he is able to do this, and once he has done it, if we continue to park cars outside his gate (where people have been parking for the last however many years people have owned cars up here) then he is able to report us to the police for obstruction and have our cars towed away.

i am sorry, but i think you are just gonna have to bite the bullet.

Dont waste any money on a solicitor.

wizzkid_3

I can sense that some people are getting anoyed with this, so I will just answer a couple of the q's and go away. Thank you for those of you who have helped.

The Kerb that the builder wants us to pay to drop is at the front of his property.

We are parking against a fence, not a gate. He just removed a panel so that he could get some radiators into the house from the back rather than the front.

Debt_Free_Chick

wizzkid wrote:

I can sense that some people are getting anoyed with this, so I will just answer a couple of the q's and go away. Thank you for those of you who have helped.

I'm not annoyed - and sorry if I've given you that impression. I just don't want you to (a) waste money on something that is probably not going to be resolved in your favour and (b) have stressful times with neighbours - as it can really take over your life and turn the most thick-skinned people into paranoid maniacs

The Kerb that the builder wants us to pay to drop is at the front of his property.

Ah - I suspect it was a tongue in cheek remark ..... "If you want me to go away and forget about access to the rear of the property, then just pay for a dropped kerb, so I can get access by car to the front of my property :rolleyes: "

We are parking against a fence, not a gate. He just removed a panel so that he could get some radiators into the house from the back rather than the front.

But your real problems start once he puts the gate in. At the moment, he has no real access to the rear of his property. I don't know what he's entitled to, in law, as he has no gate or anything similar, but I suspect he's not entitled to have access to the rear of the property, at all times. One he puts the gate in, he is entitled to have it kept free for access - and that includes even on foot. Again, I'm not sure, but I don't think access includes by vehicle, unless there's a dropped kerb. But this is probably "semantics" as access is really just that - there's probably not a lot to choose between access on foot and access by vehicle.

At the moment, I don't think you legally have to move your vehicle to enable him to go through the fence. You are legally parked on a public highway. So you could refuse, simply to inconvenince him (I think - this might be one thing to ask the Solicitor). But then you really are into potentially unpleasant territory and the whole thing could escalate, with him retaliating in some way. Not nice

I assume he is going to have the kerb dropped, so that vehicles can go through the gate at the back of his property? Once that happens, then you definitely will be restricting access and any attempt to inconvenience him then will probably end up in real trouble for you

Jay1b

Well until the gate is in place, park outside the fence (unless its actually on his land). Refuse to move it, you dont have to. If he tried to tow it out of the way then call the please as that would be illegal unless he's licensed to tow vehicles (ie: wheel camping scum). You just cant tow other peoples cars!

Incidentally, check this with your solicitor but i'm pretty sure you are allowed to block an empty drive legally. But you arent allowed to stop someone from leaving. IE: You can park outside someones drive as long as there is no car on it. But get this checked.

Xbigman

Don't forget this is a property developer who is trying to increase the value of his investment. It sounds like offroad parking would add thousands to a property in your street and any buyer would certainly want unrestricted access.

You also might end up with me living next door to you, so I'd be waking you up at 4.30 every sunday morning, as I finish the night shift, to get you to move your car.

Now if you want a real emotive issue, what can we do about neighbours like mine who own two 4x4's, a people mover and their three kids all own cars (with tweaked exhausts). That wipes out all 5 spare spaces in my cul de sac in one go. Me, I own a small Matiz and I can't always get out of my own bl00dy driveway.
Regards