What is the law around your neighbour making a concrete ramp 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.

PasturesNew

Does he actually know, understand, acknowledge where 'your yard' is, where the boundaries are? Exactly where they are? That it's 'your garden' and not his?

When you're renting you are never told the details about boundaries, rights of way, the legals etc.

Do you have anything, copy of the land registry plan with red marks, that you can show him?

Whether they have a right to pass/re-pass, on foot, or with vehicular access, will be spelt out in the legal papers. Get a copy of that, what does it say? Usually it'd be by foot only - so not able to block that right of way, right to pass/re-pass with anything (not even bins).

So, he's pushing his motorbike across the right of way through your garden .... to get to his garden? And then arbitrarily decided that 'your steps' were 'anybody's steps' so concreted over them.

This guy hasn't a clue who owns what.

Some people are thick - and some are ignorant - and some might just decide you're lying.

GlynD

You need to sit down with your solicitor and examine your deeds. Then your solicitor will advise you what the proper course of action is. There are often complicated issues over shared accessways, let the professionals sort it.

MX5huggy

As your trying to sell I would just leave it as it is.

PasturesNew

MX5huggy wrote: »

As your trying to sell I would just leave it as it is.

On the other hand, if I were looking to buy it and saw it was pedestrian access only and there was an annoying bike and a hideous ramp it'd put me off.

davidandrewpowell

RE: PasturesNew

Thanks for the response.

He has verbally acknowledged that the land and steps are mine (there is a clear fence also dividing the properties) but doesn't seem to care as he says he can't see what the problem is.

I have a copy of the documents showing the red marks with the land boundaries but have not shown it to him as he has already acknowledged it.

I have a copy of old legal papers (the house is from 1900) but i can't read a lot of the old style writing although I will check to see if it says on foot.

I do not have a garden, just a yard but yes he is pushing his bike through my yard, starting the engine and giving it a good rev to get it up the ramp and into his yard.

I think from talking to this person that thick is the case here.

Thanks

davidandrewpowell

I'm not going to leave it as the property is all freshly painted, new guttering, etc. and then there is this big mess that sticks out a mile. People are going to ask whats going on as did the estate agent when they came to value the property.

womble12345

At the end of the day if your neighbour wanted to store a bike off the street he should have rented a place with suitable access for him to do so.

Try getting the landlords address from the land registry for £4 and speak to him about his troublesome tenant?

donnap83

The bloody cheek!!

I'd tell him that he's got 14 days to rectify it or you'll be seeking legal advise. :mad:

Also, go on to the land registry and find out who owns the property, so you can get in touch with the LL.

GlynD

davidandrewpowell wrote: »

I'm not going to leave it as the property is all freshly painted, new guttering, etc. and then there is this big mess that sticks out a mile. People are going to ask whats going on as did the estate agent when they came to value the property.

There may be clauses or covenants in your deeds. See a lawyer.

JQ.

What about a legal letter to the landlord requiring the damage is rectified or you will complete the works yourself and bill them, rather than the tenant.

I very much doubt a legal letter to someone who poors concrete over a neighbour's steps is likely to be worried by legal threats. However, the landlord may take such issues far more seriously.

Question for the legal bods on here - is pooring conctrete on someones elses property not criminal damage? What's the difference between pooring conctrete on your neighbours car and on their steps?