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Neighbours blocking shared Access-way - no dropped Kerb

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  • makara
    makara Posts: 525 Forumite
    Part of the Furniture 100 Posts Name Dropper
    stator wrote: »
    I would go ahead with the folding bollard.

    And play this soothing music to them as they watch it being installed ;)

    https://www.youtube.com/watch?v=i-r3op0CuGw
  • facade
    facade Posts: 7,580 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    makara wrote: »
    And play this soothing music to them as they watch it being installed ;)

    https://www.youtube.com/watch?v=i-r3op0CuGw

    Is that how they install them? If you lift that post it will just pull the two bricks out :D
    I want to go back to The Olden Days, when every single thing that I can think of was better.....

    (except air quality and Medical Science ;))
  • makara wrote: »
    Well observed! And a possible contender - don't have an old bike, but could find something wide enough in our garage perhaps to put a U-lock (and the item) around the drain-pipe.


    Cheers!
    This is a bit passive aggressive and I fear you risk collateral damage when the object is ripped away from the wall taking the drainpipe with it. If you are going down this road, then the idea from earlier of a 1m^3 bag of concreting ballast is better.

    Overall, dealing with this legally may be better. You mentioned way back that the house is now rented out by the former owner-occupiers. Now, if they have plans to sell at any time in the future, they will not want a legal dispute which they then have to declare.

    So a quiet word with them that you could take this legal which would have to be declared in any sale may make them think a bit more and force some cooperation from your neighbours.

    The other thing to say is that the way your neighbours are parking for months on end is definitely a trespass based on the Land Registry details. [it would be good to know what the underlying deeds actually state - more research required with the Land Registry].

    You could deal with this as a straight trespass and check the Registered Keeper with DVLA, write to them and the neighbour as trespassers, with a letter before action and then take them to court

    You could also look at the law of bailment. This might yield an solution along the lines of putting a notice on the car and sending a copy to the Registered Keeper, stating that the car is trespassing and after 14 days will be considered abandoned and sold, the net proceeds being retained for the legal owner.
  • ChumLee
    ChumLee Posts: 749 Forumite
    facade wrote: »
    Is that how they install them? If you lift that post it will just pull the two bricks out :D

    Yeah about as effective at reserving your parking spot as putting your coat down.
  • bazster
    bazster Posts: 7,436 Forumite
    1,000 Posts Combo Breaker
    You could also look at the law of bailment. This might yield an solution along the lines of putting a notice on the car and sending a copy to the Registered Keeper, stating that the car is trespassing and after 14 days will be considered abandoned and sold, the net proceeds being retained for the legal owner.

    How would you remove it without breaching PoFA 2012?
    Je suis Charlie.
  • bazster
    bazster Posts: 7,436 Forumite
    1,000 Posts Combo Breaker
    facade wrote: »
    Is that how they install them? If you lift that post it will just pull the two bricks out :D

    Which would constitute criminal damage, but anyway we know that the "drive" in question is concrete, not bricks.
    Je suis Charlie.
  • ChumLee
    ChumLee Posts: 749 Forumite
    bazster wrote: »
    Which would constitute criminal damage, but anyway we know that the "drive" in question is concrete, not bricks.

    Where is the destroy or damage in lifting out two blocks that will slot straight back in?
  • bazster wrote: »
    How would you remove it without breaching PoFA 2012?
    Section 54 [4] refers. If there is a legal right under bailment, then PoFA would not apply.
  • makara
    makara Posts: 525 Forumite
    Part of the Furniture 100 Posts Name Dropper
    Overall, dealing with this legally may be better. You mentioned way back that the house is now rented out by the former owner-occupiers. Now, if they have plans to sell at any time in the future, they will not want a legal dispute which they then have to declare


    Fair point - and along the lines of what the Police said earlier today - i.e. best course of action is to involve the Owners, who won't want legal grief / fines.
  • jellie
    jellie Posts: 884 Forumite
    Part of the Furniture 500 Posts Name Dropper
    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.

    That looks like fly tipping to me ;)
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