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Windsorcastle

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moneyistooshorttomention

I am wondering about what I personally would do in those circumstances - ie start asking legal queries about those struts "trespassing" on my property (ie my parking space) and, if I got satisfactory legal answers to the effect that they weren't allowed to "trespass" like that then send them a Recorded Delivery letter stating how long they had been doing this/that I had been very patient with them to date, but was unable to continue being so patient and giving them a time limit to remove those struts (a week being the limit I would give in the circumstances). On their head be it if their house then suffered damage because of the struts no longer being there...they've had quite long enough (ie over a year).

But that's me and how I would handle it personally. Others may have different ideas....

paddedjohn

^^^^^^^^^^^^^this^^^^^^^^^^^

Windsorcastle

moneyistooshorttomention wrote: »

...giving them a time limit to remove those struts (a week being the limit I would give in the circumstances....

And if they don't remove them? Where would I stand if I said I would have the struts removed myself? Presumably I'd be in trouble??

societys_child

Windsorcastle wrote: »

Where would I stand if I said I would have the struts removed myself? Presumably I'd be in trouble??

:eek:
I have this vision of you being driven off in the back of a police van . . .

moneyistooshorttomention

Windsorcastle wrote: »

And if they don't remove them? Where would I stand if I said I would have the struts removed myself? Presumably I'd be in trouble??

This we don't know without you having consulted a solicitor.

I would say you would be well advised to book an hour of your solicitors time and discuss this thoroughly with them as to what your legal rights are re your parking space. Only a trained legal person could tell you for sure exactly what the position is. If what the solicitor says is positive - then get it in writing in a letter. A solicitors letter saying you categorically have the right to full usage of your parking space without any obstacles there could well be a useful "bargaining chip".

Fingers crossed that any legal advice you take is positive and this will work out well for you. I can sympathise with someone who has neighbours putting a bit of a "blight" on their property - been there, done that.....:(

MX5huggy

Windsorcastle wrote: »

And if they don't remove them? Where would I stand if I said I would have the struts removed myself? Presumably I'd be in trouble??

Standing back away from the falling building is always best in these situations I find.

Windsorcastle

societys_child wrote: »

:eek:
I have this vision of you being driven off in the back of a police van . . .

Made me smile even though I've been feeling very stressed today about this :-)

Windsorcastle

MX5huggy wrote: »

Standing back away from the falling building is always best in these situations I find.

Also made me smile despite myself :-)

I_have_spoken

Yep, you'd need to send them a signed for letter pointing out that you had been advised a trespass was being committed, you had sought resolution (dates of contacts) and that unless this was resolved in a reasonable period (weeks), you see no alternative but to seek redress in the courts.

You'd need to sue in a civil court (poss. via small claims track) as this doesn't appear to be a criminal trespass. If you won and they still did nothing, you'd need to file for contempt of civil court; sensible folks don't want to appear for contempt.

moneyistooshorttomention

Windsorcastle wrote: »

Thanks again. I will contact a solicitor in the morning.

Definitely the best bet IMO. Say it costs a couple of hundred £s - but it helps resolve the issue ....then it would be money well spent in the circumstances.

It IS more than a little annoying to have to deal with neighbours like this - when you yourself have been brought up to "know how to be a home-owner" and part of the lessons you learnt on this boiled down to "Do not do anything to devalue anyone else's property".

To some of us this sort of thing is blindingly obvious - ie "I wont devalue your property and you won't devalue my property" and then there's the rest (ie the ones who haven't been brought up taught the how and why of "being a home-owner"). I've got a slummy house opposite mine (and they really know how to do slummy - as in some outbuildings are beyond repair and need demolishing and they are clearly visible from my place) and fortunately it isn't physically impacting on my property - but I do have the awful feeling that it's helping to put people off my property a bit and I can't darn well even prove it...still less get recompense for it.

However, it's a different kettle of fish if a neighbour is affecting your actual usage of the place and provably causing the property to devalue to what it would be if the neighbour was "behaving themselves properly and fulfilling their responsibilities".


Wishing you good luck with resolving this.