help!!

Mojisola

Gavin83 wrote: »

But that's not really the OP problem.

Well, it is if they're hoping to have nice neighbours that they can get along with.

If the first thing that happens when you move into a new house is that the neighbours come round and tell you that you can't park where the previous owners used to park, it's not going to create a friendly relationship.

meritaten

I would be right down the estate agents to check the details of the property! just to make sure they havent included YOUR ground! If they have, then tell the estate agents that they dont own that land. If they havent keep shtum and hope they are soon gone.

babyb06

You need some legal advice - how was there right of way created - do they really have a right of way (ie legally created) or have they just been using it? You can gain a right of way just by doing the act for a sufficiently long period (in most cases more than 12 years) and so if it has only recently started you should stop it now, before their havit of using your land becomes a right to use your land.

same with the parking - if they currently only have a right to pass over you land to access theirs but then start parking on it and continue doing it for a sufficient period, the right of way can be enlarged to become a right to park too.

if i were you, I would firstly clarify whether it is a legal right of way or not and then write to them either saying you have no rights, stop crossing our land, or your right is limited to x and y therefore stop parking/leaving rubbish etc.

put it in writing and keep a copy of the letter

Clarieloo

babyb06 wrote: »

You need some legal advice - how was there right of way created - do they really have a right of way (ie legally created) or have they just been using it? You can gain a right of way just by doing the act for a sufficiently long period (in most cases more than 12 years) and so if it has only recently started you should stop it now, before their havit of using your land becomes a right to use your land.

same with the parking - if they currently only have a right to pass over you land to access theirs but then start parking on it and continue doing it for a sufficient period, the right of way can be enlarged to become a right to park too.

if i were you, I would firstly clarify whether it is a legal right of way or not and then write to them either saying you have no rights, stop crossing our land, or your right is limited to x and y therefore stop parking/leaving rubbish etc.

put it in writing and keep a copy of the letter

That's true but it has to have been an undisputed or uninterrupted use. So if you can prove that you have asked them to cease parking there or are prepared to swear an oath that you have tried to stop them, it would be harder for your neighbour to use that argument.

I'd say legal advice is the way forward

Gigervamp

Do they have to drive over your piece of land, or do they only need to walk over it? If it's the latter, couldn't you put up a fence with a gate for them to get access to where they park their car?

Susan_Frost

I believe the deeds to your property would state whether any land is "right of way / access" land. If not, and it has become an informal arrangement because they decided to park differently on their own property, then I would not allow it at all. Did it just happen cos you are nice people and felt there could be no harm in it, or when you bought your property did you know it was a right of way. Get it fenced off and blocked if it isn't. Dont set an informal precident that could be held up in court and turned into a reality. If it is a true "right of way", find out what that legally means and put a sign up "access only, no parking" or whatever.

I dont see why you need to allow others to use your land as they want just to keep the peace or show you are a good neighbour. New neighbours would then have a very clear message. Decent people respect what is right. Also, a buyer's solicitor should go through the deeds with them (ours did) and point out any right of ways, and the rules around them.

wannaberich81

Hi all and thanks so much for all yur replies its has halped me alot

ok so, these are ex-council houses and when we bought ours it stated on the deeds that next door have a 'right of way access' of the bottom of our garden. we have fenced off our garden so as to give us some privacy, and until they bought their new car there wasnt an issue really. they asked if their parents could park on it if they stopped over which we agreed to, but then they stared to use it as their own piece of land to do as they please with. ie parking on day and night, leaving rubbish, putting compost bins etc etc. now i love a bit of neigbourly love so to speak, but this guy never had anything nice to say about me and they where in my eyes 'taking the proverbial' so i asked them to stop (most un-neighbourly of me apparently) and all this nastiness has started.

so my next step is to call the estate agents and see what it is they are actually selling with regards to this land I PAID FOR!! GRRR and see what happens from there

thanks again for all your invaluable help

74jax

wannaberich81 wrote: »

Hi all and thanks so much for all yur replies its has halped me alot

ok so, these are ex-council houses and when we bought ours it stated on the deeds that next door have a 'right of way access' of the bottom of our garden. we have fenced off our garden so as to give us some privacy, and until they bought their new car there wasnt an issue really. they asked if their parents could park on it if they stopped over which we agreed to, but then they stared to use it as their own piece of land to do as they please with. ie parking on day and night, leaving rubbish, putting compost bins etc etc. now i love a bit of neigbourly love so to speak, but this guy never had anything nice to say about me and they where in my eyes 'taking the proverbial' so i asked them to stop (most un-neighbourly of me apparently) and all this nastiness has started.

so my next step is to call the estate agents and see what it is they are actually selling with regards to this land I PAID FOR!! GRRR and see what happens from there

thanks again for all your invaluable help

rather than call the Estate Agents could you not look online - rightmove perhaps or the Estate Agents and see the property details/

wannaberich81

74jax wrote: »

rather than call the Estate Agents could you not look online - rightmove perhaps or the Estate Agents and see the property details/

yep just looked, it says 'gated off road parking'....

delain

wannaberich81 wrote: »

yep just looked, it says 'gated off road parking'....

Call the estate agents, tell them that there is not 'gated off road parking' and offer to show them the deeds.