Trespassing Dispute

spidercrab

Not sure how best to explain this plainly so bear with me please. I live in a housing development of mostly terraced houses. We have garages at the bottom of our back gardens which lead on to a communal square garage area. There are houses and garages on 3 sides of the square (we all own our houses). The garage area belongs to all of us and we are responsible for any repairs in the area like drainage and tarmac repairs. However, on the fourth side of the square is a brick wall which is the boundary wall for a detached house and the wall belongs to them.

The house has been sold and is being knocked down and 2 new houses put up. (The house is on a different road completely). The builder who has bought the house has now knocked part of the wall down and intends to put two new garages up so obviously he intends to use our land without asking us for permission. We use this communal space to park our cars.

The council have said they can't do anything about it so can this builder just do what he wants? Everyone in the square of garages does not want him to use the land but just wondered what we can do.

Any sensible suggestions appreciated.

TheCyclingProgrammer

The first thing you need to do is speak to the builder or put it in writing from all of the owners informing him that he does not have a right of access to the land he wishes to use to access the garages.

You can either leave it at that or if you are open to negotiating you could offer to allow him access subject to a maintenance fee. This would need agreement from all of the owners.

That would be all I would do at this stage. Wait and see what he says. If he ignores you or is not cooperative then the next step would be to warn him that if he trespasses on your land you will be forced to take civil action and other measures to prevent him from accessing the land (a gate, perhaps).

The council aren't going to get involved because it's a civil issue.

shaun_from_Africa

I think that the first thing that you need to do is to draw up a letter headed "Removal of Implied Right Of Access" (you will find details of what this is on the internet) and send this to the builder.

Get all of the property owners to sign it and in the letter state that all of the owners of the land concerned do not agree to allow access to said land by the residents of the new properties and any such access will be treated as trespass.

It might be worth all of you going to see a solicitor for advice (if you all chip in a few £s, I'm sure it won't cost a great deal).

spidercrab

Thank you so much for your replies TheCyclingProgrammer and shaun from Africa. I thought I would get abuse for being a nimby. The builder has already been abusive to one of my neighbours when he was confronted with what he intends to do. We have put up a temporary metal post in the entrance and are getting a quote for a gate but have a feeling the builder will not be averse to getting the bolt cutters out.

Will definitely have a look at the letter "Removal of Implied Right of Access."

Thank you so much.

maninthestreet

He can't build on land he doesn't own, and cutting off a lock would be criminal damage.
Do you own the house you live in, or is it a rented property?

spidercrab

Thanks maninthestreet. We all own our houses and are all in agreement that we don't want him to build the garages. We know it would be criminal damage to remove locks etc but apparently this builder has more money than you can shake a stick at so are a bit concerned about any legal matters getting out of control.

Silver-Surfer_2

What planning does he have?

patman99

Don't forget that even if the builder ignores you and removes any obsticles you put up to stop him, he will have to sell the houses and when he does, the new owners will be less than pleased to find tat they have no legal right to access their garages.

In fact, I'd stick my kneck out and say they may even sue him as it would reduce the value of their properties considerably.

Also, nothing stopping you all simply purchasing some 2nd-hand haris fencing and bolting it into the ground along the boundary line.

shaun_from_Africa

spidercrab wrote: »

Thanks maninthestreet. We all own our houses and are all in agreement that we don't want him to build the garages.

I doubt that there is anything you can do to stop the garages being built if they are totally on the land belonging to the builder but just because he may build them, doesn't mean that you have to allow access to them through your land.

spidercrab wrote: »

Thank you so much for your replies TheCyclingProgrammer and shaun from Africa. I thought I would get abuse for being a nimby

In this instance, it's not really being a nimby.
If the new residents start using your land, who knows what may happen. Possibly nothing but then again, they may block some of the garages already there and they may not be too happy about being asked to pay for maintenance to the land, something that I doubt very much the builder will tell them about.

I still think that you should get together and see a solicitor asap before the builder gets too far with the garages.

spidercrab

Silver-Surfer - according to the plans there are no garages at all but apparently you do not need permission to put these on your land although they would need permission from us to access their garages.

Shaun from Africa - all the neighbours have got together and are in agreement that we do not want this. Do not really want to go down legal route but will if we have to. (this is one good way to get to meet neighbours who we have not met before). We are not in this to try and get money out of builder. We just need the space to park our own cars.

EssexExile

One assumes that when prospective purchasers get their representatives to do the searches they will find they have no right of access to the garages.
Unless he doesn't sell them of course.