Neighbours blocking shared Access-way - no dropped Kerb

dannyrst

makara wrote: »

Particularly if the sacks contained glass bottles and cans...

Exactly.

If I were staying with your neighbours and saw you doing that, I'd find somewhere more suitable for my car straight away!

ChumLee

makara wrote: »

Particularly if the sacks contained glass bottles and cans...

You want to stay legal but don't mind a bit of criminal damage?

bazster

A right of way (whether vehicular or not) is not a right to stay (or to park a vehicle there). It's just a right to go back-and-forth. It's just like a public footpath on private land, you have a right to pass along it but you don't have a right to stop and have a picnic, still less to store stuff on it. I would suggest that even if he does have a right of way, your neighbour is trespassing by leaving his car on your property. The council and the police both have powers to remove vehicles causing an obstruction on private property, although you could have a tough job getting them to use those powers.

And as you say, by parking there the neighbour is infringing on your right of way.

makara

bazster wrote: »

I would suggest that even if he does have a right of way, your neighbour is trespassing by leaving his car on your property. The council and the police both have powers to remove vehicles causing an obstruction on private property, although you could have a tough job getting them to use those powers.

Thanks - I'm going to phone the Police (and not just to do with the Parking, but the Rubbish strewing issue too) today - and might also try the local CAB.


Will keep you posted - thanks again for a constructive reply.

makara

makara wrote: »

Thanks - I'm going to phone the Police (and not just to do with the Parking, but the Rubbish strewing issue too)

http://s686.photobucket.com/user/makaras/media/MSE/Rubbish%20pic%20-%202_zpslyfeqt9l.jpg.html?sort=3&o=6


The kind of "Gifts" our Neighbours leave us (their house on the left of the photo) when they aren't using the Access-way as their personal Drive-way.


If you look down the end, you'll notice a small brick wall with a gate, which is only for Pedestrian access to the back garden - i.e. the termination point of the Access-way is closed to vehicle access.

ChumLee

makara wrote: »

http://s686.photobucket.com/user/makaras/media/MSE/Rubbish%20pic%20-%202_zpslyfeqt9l.jpg.html?sort=3&o=6


The kind of "Gifts" our Neighbours leave us (their house on the left of the photo) when they aren't using the Access-way as their personal Drive-way.


If you look down the end, you'll notice a small brick wall with a gate, which is only for Pedestrian access to the back garden - i.e. the termination of the Access-way is closed to vehicle access.

It looks neglected by both parties. Broken surface, weeds and generally un maintained. Personally I'd put a fence up and maintain my side.

bazster

Yuk. That looks like one for the council's environmental health department. It's also blatant trespass: a right of way does not confer permission to dump rubbish on your property, and throwing/dumping stuff on someone else's property is trespass.

You might consider beginning the process of getting an injunction to stop them trespassing. You will need to write to them formally requesting them to stop trespassing on your land, and start keeping a log of their trespasses: photographs, and a diary.

If you go to your local County Court they should be able to explain the procedures, what forms you need to complete, and the court fees.

Remember, though, that when you come to sell your property you do need to declare any disputes with your neighbours.

makara

bazster wrote: »

Yuk. That looks like one for the council's environmental health department. It's also blatant trespass: a right of way does not confer permission to dump rubbish on your property, and throwing/dumping stuff on someone else's property is trespass.

Update (which funnily enough echoes your reply!) -


I just phoned the Police - and the Officer dealing with my case told me that it's the Landlord who would get fined for such infractions - since they should have signed some sort of agreement with their tenants to behave appropriately, etc.


The Police Officer also told me one of his relatives had the same situation a few years back - shared Access-way with no Drive-way conversion (although in that case, his half of the Access-way was not ROW for both Semis) - and he built a fence with bollards to stop his neighbours parking on his half.


He did offer to go and speak to the Neighbours - but I asked him if he could first come to ours to show him the exact issue of us not being able to take the Rubbish out, or pass parked vehicles. He has agreed to this - after which he will speak to the Neighbours (after a few days gap of course).


He also said Environmental Health while having local Laws also have National By-law powers to enforce things - while they can't deal with the car parking issue, they CAN take the Landlord to Court for the Rubbish issue.

And in most cases Landlords who don't want to get involved in Tenant disputes find themselves motivated to do so if the Authorities get involved...because they don't want to have to pay for Fines that their Tenants have caused!.


He also said that the denying us fair Access (by their Tenants leaving cars on the Access-way) means we can sue the Landlord.


I'll update you once the Police have visited.


EDIT - in response to what you just wrote...the Police officer also told me that the Neighbours DO have a right to leave items on THEIR side of the Access-way...WITHIN REASON...BUT...that right does NOT extend to Rubbish and rotting food being allowed to be left on their side!!


He also said us putting up a Bollard doesn't actually prevent PEOPLE from being able to take furniture or other large items up and down the Access-way.

jrtfan

OP, I've found a handful of links which might or might not be of some use/interest to you:

https://www.citizensadvice.org.uk/housing/problems-where-you-live/neighbour-disputes/
http://www.rics.org/uk/knowledge/consumer-guides/boundary-disputes-guide/
http://www.rics.org/Global/RICS-Boundary-Disputes.pdf

Fingers crossed.

EDIT - quoting directly from the CAB's website, Neighbour Disputes (the first link, above):

Contact the planning department

The local planning department has the power to investigate if there has been a breach of planning control. The authority can issue an enforcement notice if the neighbour has carried out building work without permission or is using the land for an unauthorised purpose.

ChumLee

makara wrote: »

Update (which funnily enough echoes your reply!) -


I just phoned the Police - and the Officer dealing with my case told me that it's the Landlord who would get fined for such infractions - since they should have signed some sort of agreement with their tenants to behave appropriately, etc.


The Police Officer also told me one of his relatives had the same situation a few years back - shared Access-way with no Drive-way conversion (although in that case, his half of the Access-way was not ROW for both Semis) - and he built a fence with bollards to stop his neighbours parking on his half.


He did offer to go and speak to the Neighbours - but I asked him if he could first come to ours to show him the exact issue of us not being able to take the Rubbish out, or pass parked vehicles. He has agreed to this - after which he will speak to the Neighbours (after a few days gap of course).


He also said Environmental Health while having local Laws also have National By-law powers to enforce things - while they can't deal with the car parking issue, they CAN take the Landlord to Court for the Rubbish issue.

And in most cases Landlords who don't want to get involved in Tenant disputes find themselves motivated to do so if the Authorities get involved...because they don't want to have to pay for Fines that their Tenants have caused!.


He also said that the denying us fair Access (by their Tenants leaving cars on the Access-way) means we can sue the Landlord.


I'll update you once the Police have visited.


EDIT - in response to what you just wrote...the Police officer also told me that the Neighbours DO have a right to leave items on THEIR side of the Access-way...WITHIN REASON...BUT...that right does NOT extend to Rubbish and rotting food being allowed to be left on their side!!


He also said us putting up a Bollard doesn't actually prevent PEOPLE from being able to take furniture or other large items up and down the Access-way.

So all civil then.