I have a right of way - advice please

deaston

Guest101 wrote: »

Probably safer if we ont comment on one anothers posts. I have zero repect for your view point, best we dont interact.

Could I get in on this please? I have zero respect for your views and thinks it's best if we don't interact either.

Or ideally, can I just block all posts from "Guest101" so I never see them?

moneyistooshorttomention

I live on an unadopted road.

I'm a bit unclear on the difference between an "unadopted road" and a "private road" - now that does get a bit confusing!.

As far as I can see a "private road" is a bit different to an "unadopted road" and you can tell the difference by the fact that a "private road" will have a gate across the entrance to it (which will be locked on one day per year - down to legal requirements).

I don't think its that clear as to whether its a private road or an unadopted road so to say. I've taken it that OP lives in an unadopted road (ie its exactly the same as any other road basically - except that the Council don't maintain it). In both OP and my cases there is a known owner of the land beneath the road surface as well.

deaston

moneyistooshorttomention wrote: »

I live on an unadopted road.

I'm a bit unclear on the difference between an "unadopted road" and a "private road" - now that does get a bit confusing!.

As far as I can see a "private road" is a bit different to an "unadopted road" and you can tell the difference by the fact that a "private road" will have a gate across the entrance to it (which will be locked on one day per year - down to legal requirements).

I don't think its that clear as to whether its a private road or an unadopted road so to say. I've taken it that OP lives in an unadopted road (ie its exactly the same as any other road basically - except that the Council don't maintain it). In both OP and my cases there is a known owner of the land beneath the road surface as well.

Incorrect. A private road doesn't need a gate and doesn't need to be locked. However, to stop people using a private road, a locked gate would be necessary.

A lot of private roads still allow public access.

An unadopted road is one that doesn't belong to anyone. Install a locked gate at the end of your unadopted road and, if after several years you can prove you've had sole control and use of the road without contest, you can put in a possession order and take ownership of the road.

150940

Guest101 wrote: »

No. It's the reasonable person test. Would a reasonable person be distressed by these actions.

Otherwise you might suggest me replying to your posts was harassment, as it distressed you.

But a reasonable person would not consider these replies to be harassment.

Don't get big headed though, you didn't 'educate' me. And no doubt you'll be gone from here soon enough.

No, sorry the act doesn't mention the reasonable person test. So you are wrong again. It merely says a course of conduct you knew or ought to know amounts to harassment. It's how the victim feels so continually doing something unreasonable to wind them up will fit nicely.

sniggings

littlebranshill wrote: »

They are not likely to sue. In fact I am surprised that it has gone this far. They are like the Clampits - they came into money, bought a large property, got equity release and now have debts all over the place - or at least the daughter in law (the trouble maker) has. Unfortunately they are not likely to go away as have been there for about 15yrs. Will advise friends to bring their cars in. Life's too short. Will wait to see what other problems they have in store for me!

It's their land, you have a right to cross over it, you and your friends park on it, yet you think it's them that are in the wrong :eek:

moneyistooshorttomention

...and to throw an extra little thought into the mix. OP was posting a thread in April of this year saying that she and her husband were in the process of selling their house and wondering if she could do so herself (courtesy of having been a secretary for a conveyancer?/conveyancing solicitor?).

Don't know if this is the same house? I presume so...

I can understand standing up for oneself when in the right (ie even if the dreaded word "dispute" starts coming up)....but I don't get why anyone would do something that looks likely to provoke a dispute with a neighbour when they are in the wrong...

sniggings

deaston wrote: »

I live on a private road, so know a little bit about this.

If you have right of way, you don't have a right to park. However, there's very little the owner can do to stop you. He would need to have clear signage that say no parking and detail the penalties for doing so. If you then ignore them, it's up to him to pay to have your car towed and then take you to court to recover the costs.

I wouldn't class being able to remove the parked car and charging the OP for it, as "very little" :rotfl:

sniggings

150940 wrote: »

No, sorry the act doesn't mention the reasonable person test. So you are wrong again. It merely says a course of conduct you knew or ought to know amounts to harassment. It's how the victim feels so continually doing something unreasonable to wind them up will fit nicely.

Think you two are agreeing here mostly.

"You knew or ought to know" is very close to the reasonable person test and quite a long way from "It's how the victim feels". It can't be both.

150940

sniggings wrote: »

Think you two are agreeing here mostly.

"You knew or ought to know" is very close to the reasonable person test and quite a long way from "It's how the victim feels". It can't be both.

Is it though? They could be as thick as the proverbial or not even the faintest clue there actions have caused a problem. It could be really trivial by harassment standards and something that may not cause distress to a reasonable person. But once served with a Police Information Notice they must stop or risk prosecution as they are aware of their actions.

150940

deaston wrote: »

Incorrect. A private road doesn't need a gate and doesn't need to be locked. However, to stop people using a private road, a locked gate would be necessary.

A lot of private roads still allow public access.

An unadopted road is one that doesn't belong to anyone. Install a locked gate at the end of your unadopted road and, if after several years you can prove you've had sole control and use of the road without contest, you can put in a possession order and take ownership of the road.

And even be public places.