What is the law around your neighbour tipping concrete on your property?

davidandrewpowell

I was wondering if any one could advise me on a bit of a problem i'm having with my neighbour.

I currently own an end terraced property where the people who live next door have a right of way to access the yard of their property. There are some steps (only 3) that go up from my yard to their yard. The steps are on my land and there is a gate at the top of the steps dividing the land boundaries. I am not living at the property as I moved out and have put it up for sale although I am there at least once a week.

The problem started a few months ago when new neighbours (husband, wife and son) moved in. I would come home to my property and find that the sons motorbike was left in my back yard. So naturally I asked them to move it and explained that they could not leave it there. So they would move it but it would take the son and dad to lift the motorbike up the steps into their yard. But it didn't stop, because they knew I wasn't at the property that often they kept on leaving it in my yard. I have continually asked them to move it but they have complained that there was no where else to leave it and that it was too hard to get it up the steps, to which I said that it wasn't my problem. They said that they would sort something out.

After this I came home to my property to find that the neighbour had made a ramp up my steps by simply pouring concrete down the steps and leaving it to set (for which they never had any permission). It looks a right mess and will have stained the paving underneath if it is removed. This is a large amound of concrete and will require a hammer drill to remove it and not just a hammer and chisel. Additionally, I had some paving bricks which I had temporarily removed from another part of the yard which were stacked in my yard. They have used some of these paving bricks as a base for them to tip the concrete over on the steps.

Naturally I was angry but rather than go next door to start any arguments (i'm trying to sell my property so don't want any trouble) I let my anger settle and then talked to them about it. The husband said that he can't see anything wrong with it (of course), offered to paint the ramp to make it look better and that how was he to get the bike into his property if it was removed. Again, I said that it wasn't my problem but it has to be removed. Its now 2 weeks on and they still haven't done anything about it.

After speaking to the estate agent this week I have found that their property is rented and not owned as I originally thought.

I have some questions regarding this if anyone knows of the law around this area:

1. Does right of way over my property only include foot access or does it include bringing vehicles also (i.e. the motorbike)? He has to rev the engine in my yard as well to get it up the ramp into his property which is also annoying. He has damaged the gate on the property also where he keeps catching his bike.

2. Am I allowed to remove the ramp without breaking any laws? Its his ramp on my property and although i'll remove it regardless of the law, I just wanted to check.

3. Similarily, if after removing the ramp he was to continue to leave the bike on my property what should I do? Am I legally allowed to remove it myself and park it on the road?

4. Am I entitled to conpensation for damage to the property from their deposit with the landlord? If I was to contact their landlord to let him/her know the issues i've been having am I entitled to an amount for their damage? I would prefer to remove the concrete myself or pay a builder rather than let the neighbour do it as they have already proved their incompetance to me.

Any thoughts on this would be much appreciated.

Thanks.

vuvuzela

The House Buying, Renting & Selling board has solicitors and people familiar with property law on there

davidandrewpowell

This message has now been duplicated in House Buying, Renting & Selling so please post response there instead. I could not figure out how to move or delete this thread so I had to duplicate. Thanks.

nomoneytoday

If your selling up, then why not take up his offer to make good?