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What is the law around your neighbour making a concrete ramp on your property?

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  • sonastin
    sonastin Posts: 3,210 Forumite
    Can you block the entrance into your yard in such a way that it is pedestrian access only? If they can't even get the bike in the yard, they can't do any more damage.

    And then follow all the other advice on putting the damage right...
  • PasturesNew
    PasturesNew Posts: 70,698 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Yeah, go nick a kissing gate from the countryside. Can't get bikes through those.
    :)
    http://www.jacksons-fencing.co.uk/images/timber/family_pages/db_home2.image?percent=100&c=timber_family_pages_kissing.jpg
  • ceridwen
    ceridwen Posts: 11,547 Forumite
    10,000 Posts Combo Breaker
    eddddy wrote: »
    From what you say, the neighbour is clearly in the wrong - but you need to be very careful, particularly as you are trying to sell the property.

    You will have to declare any disputes with neighbours to any potential buyers. So some people argue that you should avoid 'disputes' if at all possible, as it impacts the saleability of your property. Obviously, it's open to interpretation whether you are having 'discussions' with your neighbour, or a 'dispute'. But if you involve solicitors and/or send formal letters, it's pretty clearly a 'dispute'.

    Try contacting the landlord informally. Hopefully, he/she will also understand the impact of a neighbour dispute on the saleability of his/her property (a history of neighbour disputes often worry buyers, irrelevent of which party is in the wrong). The LL may then put pressure on the tenant to change their behaviour.

    But then - OP wouldnt be having a dispute with the "neighbour" surely? Does a tenant in rented accommodation count as a "neighbour" - or would it be the landlord that would count as the neighbour?

    Surely someone who is just renting a property as a private tenant doesnt count as a "neighbour"? They're just the person who is - temporarily - living next door iyswim.

    Its worth finding out whether the law only means home-owners when it refers to "neighbours" or (at a stretch) public sector tenants. Dont automatically assume it will include private sector tenants...I wouldnt..
  • eddddy
    eddddy Posts: 18,023 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    ceridwen wrote: »
    But then - OP wouldnt be having a dispute with the "neighbour" surely? Does a tenant in rented accommodation count as a "neighbour" - or would it be the landlord that would count as the neighbour?

    Surely someone who is just renting a property as a private tenant doesnt count as a "neighbour"? They're just the person who is - temporarily - living next door iyswim.

    Its worth finding out whether the law only means home-owners when it refers to "neighbours" or (at a stretch) public sector tenants. Dont automatically assume it will include private sector tenants...I wouldnt..

    If the new owner claimed the old owner had misled them about neighbour disputes, ultimately the new owner could sue the old owner for damages. It would then be up to the court to decide whether the information provided by the old owner was misleading.

    I would not like to get to the stage where I am paying lawyers to argue about the meaning of the word "neighbour" in court. So it's best to try to avoid the situation in whatever way is possible.

    (Personally, I would say that somebody living next door is quite clearly your neighbour - whether they own, rent or whatever. I can't imagine a court concluding any differently.)
  • mrschaucer
    mrschaucer Posts: 953 Forumite
    Part of the Furniture 500 Posts Name Dropper
    Just check on those "old legal papers" whether you need to provide steps at all on YOUR property. A right of way might exist (be it on foot or whatever - it will definitely say) but there might be no requirement for you to provide steps for access?
  • Mojisola
    Mojisola Posts: 35,571 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    You do need to understand exactly what the deeds say about the right of way. As there are steps in place, it may be a ROW only for people walking to the house. You really need to see what the neighbouring deeds say as well. Sometimes the detailed information is only on the deeds of the house benefiting from the ROW.

    There are some good experts on https://www.gardenlaw.co.uk who will help with problems like this.
  • hellokitty08
    hellokitty08 Posts: 1,878 Forumite
    Debt-free and Proud!
    Would getting one of these help?

    QeVy10MzfSGzAYl20NK_rtSTm4kmGVeRtYTNstjCHAU08BHbPCHz0ivtzBBcfvB8z-nniPnRoQPOkEitL6r2idDv4_ep3xDcCcDYfiI2xCY1RQab-CoydXUoe_2M6fnGL6eIV6Pxy8wZsCjnO26goO2QimNiz-8VDGtPC5IRDVt60MDUUaJp8KGVAycMHLpVel63fQ=s90-c

    I know exactly what you mean, as we used to live in a terrace, we where the only one in the street with side access, which I used to get my scooter in and out of the garden. With one of these in place I wouldnt have been able to get it down the passage.

    But it was my passage and my garden!

    This way you are not preventing pedestrian access, which I am sure is all they will have.
    Debt free since July 2013! Woo hoo! The bank actually laughed when I said I have come in to cancel my overdraft.
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