Blocking shared access

moneyistooshorttomention

Jemima5317 wrote: »

Ah bless you all for answering. The bins go out across the shared access, so I've already thought about things like dumping my rubbish in her bins etc if she blocks access. Just all so bloody unnecessary though! Good grief, if you don't want people walking over your property, don't buy a bloody property with shared access!

I think, if push comes to shove, and I see her stooge putting a fence up, I'll go out and tell him the score, and if he continues, I'll film him with a running commentary to the effect that I've told him he's blocking a legal right of way etc then I'll go round and photo his van etc.

Hopefully none of this will have to happen, but watch this space,,,

Thanks all, really appreciate the input.

Jx

I think you would be possibly be on shakey ground legally trying to order someone ELSE's workman around.

You can tell this neighbour to do/not do anything that is covered by law, but a workman is just a workman and is absolutely nothing to do with anyone other than the person who employs him.

I would imagine any workman who found a stranger trying to stop them fulfilling their contract with your neighbour would either finish the job anyway (in order to make sure they got the agreed pay from the neighbour) or, if prevented, then start heading in your direction with claims of intimidation/send YOU the bill for the job instead/etc. You won't like any names the workman would be likely to call you for trying to stop him fulfilling his contract....and he would be fully entitled to make a film of you in return (to show any Court the evidence of the intimidation he was on the receiving end of).

stator

Put up a clear notice to the effect of "SHARED ACCESS. NOT TO BE BLOCKED". If a workman providing a quote sees that hopefully they would refuse the job and not want to get involved.

Broken_Biscuits

stator wrote: »

Put up a clear notice to the effect of "SHARED ACCESS. NOT TO BE BLOCKED". If a workman providing a quote sees that hopefully they would refuse the job and not want to get involved.

sounds like a trespass claim against the opening post there. I would doubt the deeds state it is ok to erect permanent signs on property that does not belong to them.

Paul_the_Painter

Of course, if it is your understanding that no 4 has no right of access over your property, then neither would her builder.
A friendly chat with the builder informing him that he has inadvertantly stepped into a bit of a minefield, and a neighbour dispute might go a long way.

E.g "sorry chap, Mrs Miggins next door probably didn't tell you, but she is hiring you to block a right of way that we have over her garden to remove our bins etc. Now I see that this is not your concern, but I must inform you that neither Mrs Miggins nor indeed you have any right of access over my property. So I'm going to need to film this so that I can establish the facts and get my right of access restored, I'm also afraid that I do not grant you any right of access to my property for any purpose whatsoever. This includes building a fence. If you step onto my property I will I'm afraid have to sue you for trespass. Not that I want to of course, but I also don't want this fence built.

Most builders would not want to get involved at that point. If it's one fence panel they are looking at £50-£100 for the job, not with getting involved over

loveka

Go to the garden law forum, they are very knowledgeable there!

It is not true that it has to state on your deeds if someone has right of way over your land. Our deeds said nothing about a right of way our neighbour had through our garden, but it was stated very clearly on his deeds. In fact, if a right of way has been used for many- I think 25- years it doesn't even have to be on any deeds to stand in law.

Send her a solicitors letter if she erects a fence. But do look on the garden law forum, they really helped me.

p00hsticks

Paul_the_Painter wrote: »

Of course, if it is your understanding that no 4 has no right of access over your property, then neither would her builder.

Paul_the_Painter wrote: »

If you step onto my property I will I'm afraid have to sue you for trespass. Not that I want to of course, but I also don't want this fence built.

I'm not sure there's any suggestion by the OP that the builder's going to do anything on the OP's property - I envisaged it as Number 4 simply putting a fence up on their own boundary, which will prevent the owners of houses 1,2 & 3 accessing the right of way that goes across number 4

Alter_ego

loveka wrote: »

Go to the garden law forum, they are very knowledgeable there!

It is not true that it has to state on your deeds if someone has right of way over your land. Our deeds said nothing about a right of way our neighbour had through our garden, but it was stated very clearly on his deeds.

So I can have right of way over your garden if I incorporate it in my deeds?

Jemima5317

Thank you all for taking the trouble to reply. To be clear, the builder/ contractor i think may be asked to put up a fence across the shared access walkway on number 4's property, he would not need to come onto my ( or anyone else's) property. I'm agraid I'm very much of the 7 stone weakling variety, so can assure you I'm not proposing to intimidate anyone (just as well, as I suspect it wouldn't work!). I would only film the contractor after having a word, and I was thinking of going along the lines of " I'm filming this to evidence that I have just advised this gentleman that he is erecting, at the instruction of miss problem neighbour, a fence on the shared access way set out in the deeds of numbers 1, 2 and 3 blah road" and take a photo of his van reg so he can be called to court if necessary.

Anyway, as I said, I'm getting ahead of myself, so hopefully none of this will prove necessary. Thanks for tip off about garden law forum too, I'll pop over there and see what comes up.

Jx

moneyistooshorttomention

Even "7 stone weaklings" can come over as intimidatory if they intend to do so. Intimidation is not just the province of hefty 6' tall burly men. Its the way a person acts and the things they say that can come over that way (and not the persons build). I've got an nfh that thinks they can "glare" me into not actually using my garden and has spent enough time trying to glare me out and I've had to remind myself of my right to use my own garden for quite some time before nfh realised it wasn't working and stopped making sure they did a Glaring Session at me whenever I do so.

A builder being "called to court" would look to recoup the lost income he would have for having to do this during time he expected to use for doing a customers work.

C_Mababejive

If you see contractors engaged in works that block the right of way simply have a chat and tell them. It is up to them whether they continue and they probably will as all they need to do is complete the job and get paid unless of course they are engaged on works in a public highway in which case they meed a permit from the local authority.

However if the right of way is blocked then simply unblock it. Why bother wasting your money on solicitors?