Neighbours blocking shared Access-way - no dropped Kerb

makara

jrtfan wrote: »

I've just searched this thread for "citizens advice" and drawn a blank, so - OP, what about taking your deeds and paying your local CAB a visit, see what if any advice they can give you?

I had considered CAB, but from some threads I found people found them fairly useless.

That's not to say ALL CAB officers are the same way - so I'll maybe approach that avenue too

- thank you for a constructive suggestion.

Trebor16

ChumLee wrote: »

It's civil law and not a police matter.

You have changed your tune. One minute you are saying it is unnecessary obstruction, now you are saying it is a civil matter. I think you are the one who is the council CEO who is incapable of issuing a legal PCN:D

makara

Trebor16 wrote: »

One minute you are saying it is unnecessary obstruction, now you are saying it is a civil matter.

I noticed that too...

ChumLee

Trebor16 wrote: »

You have changed your tune. One minute you are saying it is unnecessary obstruction, now you are saying it is a civil matter. I think you are the one who is the council CEO who is incapable of issuing a legal PCN:D

no, take the post in the context it was written. No vehicle on the land and bollard is up. It's private property so what has it got to do with the police?

I think it touched a nerve is CEO on your CV?

ChumLee

makara wrote: »

I noticed that too...

To be fair, you only notice what suits you.

---lee---

Charges are burdens on your land. So the right of way is a burden as it means that another property has a right of way over part of your land.

A benefit means that you also have a right of way on someone else property.

So my interpretation would be that you own the half of the driveway indicated on your plan - next to your house, but next door has a right of way over it, which means you cannot significantly obstruct it.

Equally you have a right of way over their half of the driveway and the same applies, they cannot significantly obstruct it.

In your position, I would install a removable bollard at the centre of the opening of the driveway but slightly over to your side, so that it's on your land. This will prevent anyone parking on the right of way or accessing it with a car. Nobody is supposed to park on a right of way or cause any significant obstruction. There is no mention of vehicle access to the right of way, so nobody should be traveling on it with a car. Normally rights of way with vehicle access would have an end point, such as a garage or a private driveway.

You should also download and read next doors titles. They are available on the land registry website for a small charge.

If I lived in your house it would annoy the hell out of me if someone parked where they do, it's obviously annoying you, so now it's time to take control. Postfix is your friend.

I went through something similar years ago and it was resolved to my satisfaction with a removable lockable bollard.

jrtfan

makara wrote: »

I had considered CAB, but from some threads I found people found them fairly useless.

That's not to say ALL CAB officers are the same way - so I'll maybe approach that avenue too

- thank you for a constructive suggestion.

You're welcome.

Just speaking from my own experience, I think CABs do vary as you say but it's worth looking around because some are really good. For example, I used one once which was situated near to where I was working and this office had qualified Solicitors/Lawyers present there, giving a certain number of their hours each week for free. Maybe if you asked around friends/family/colleagues/neighbours and so on, they might be able to recommend somewhere similar for you to try? I'll keep my fingers crossed for you, anyway.

EDIT - By the way, the office I used was in Swanley (Kent), just in case you're somewhere near that area!

DandelionPatrol

makara wrote: »

http://s686.photobucket.com/user/makaras/media/MSE/Deeds%20-%20Passageway%20-%20Drainage%20and%20ROW_zpsqogntnni.jpg.html?sort=%20%203&o=1

This link states -


"The part of the passageway included in the title is subject to rights of way"


++++

http://s686.photobucket.com/user/makaras/media/MSE/Deeds%20-%20Passage%20-%20ROW_zps3k7fifiy.jpg.html?sort=3&o=2


And this link states -

"The land has the benefit of way over the part of the passageway at the side NOT included in the title"


++++


My interpretation is that my Household has rights of way over BOTH halves of the Access-way (or "passageway" as said in the Deeds) - and so our neighbours I suppose have the same rights, BUT -


There is no mention of Vehicular ROW (neither Yay or Nay), and -


By dumping vehicles for long periods in the Access-way - we are effectively being denied ROW.


That's my interpretation, but then I'm biased. I'll wait for more impartial opinions (sans Trolls of course).

Are both those your deeds?

I take it that the passage is neighbour's property?

RavingMad

Do you have wheelie bins? If so, can't they be left at the side of the house?

makara

DandelionPatrol wrote: »

Are both those your deeds?

I take it that the passage is neighbour's property?

These are our deeds only. The plan drawing shows half of the passageway is ours.