Trespassing Dispute

stator

Just stake your claim by putting up a small fence on your side of the boundary. A 3ft high picket fence would be enough to make it clear you don't intend to allow him to use your car park.

katipip

In addition to all of the advice on here I'd also advise you to keep an eye open for either property being placed on the market.

As soon a property is up for sale you need to visit the estate agent and notify them of the dispute with the builder over access. Make it clear that there is no rear garage access. Any EA would be duty bound to pass this info on to a would be purchaser.

It may be enough to stall a sale and make the builder realise that he can't gain access to other people's land when he desires.

littlerock

I am unclear, who owns the land where the builder plans to put the garages? Does he own it but you (other landowners with garages) have right of access over it to your garages?

Or does he own the land where he plans to build garages but you (ie the other property owners) collectively own a strip of land he needs to cross to get to build the new garages.

In the latter case he would be trespassing if he came onto your land and would need a wayleave from you first. I also suggest you put up a shed on it to establish your ownership.

AnnieO1234

littlerock wrote: »

I am unclear, who owns the land where the builder plans to put the garages? Does he own it but you (other landowners with garages) have right of access over it to your garages?

Or does he own the land where he plans to build garages but you (ie the other property owners) collectively own a strip of land he needs to cross to get to build the new garages.

In the latter case he would be trespassing if he came onto your land and would need a wayleave from you first. I also suggest you put up a shed on it to establish your ownership.

The builder owns land next door. The garages are to the rear of the houses he is building without access (so it seems) to the road to the frontage of those houses. Instead the only route would be across the courtyard owned by the OP. Xxx

littlerock

OK so the builder is building garages on his own land but which can only be accessed via the communal area which the OP and others collectively own and use to access their garages?

First thing is to put up a notice at entrance to their courtyard saying private property strictly no access except for authorised users.

Second is to get together and send builder a solicitor's letter pointing out the new home owners will have no access from their garages over your land. AND If builder wants access to your land for any reason he will require a wayleave or be illegally trespassing.

Finally why not buy a lockable barrier of some sort to which only OP and other owners have the key and install this at the entrance.

cyclonebri1

beaker141 wrote: »

On the outbuildings - planning would be required I think if they are over 2.5m high - you mentioning they have a dormer would suggest a pitched roof which would generally exceed the 2.5m permitted development within a 1m of the boundary??

I think it's 2.5mtrs to the eaves not apex even if within a mtr of the boundary. My garden store, block buily is only a few inches inside the boundary and the planning office gave me that info.

stator

littlerock wrote: »

First thing is to put up a notice at entrance to their courtyard saying private property strictly no access except for authorised users.

First thing would be to get planning permission for any such sign

TheCyclingProgrammer

stator wrote: »

First thing would be to get planning permission for any such sign

You can normally put up small signs without planning permission.

littlerock

I did not realise you needed planning permission to put up a notice on private land. How does that work?

TheCyclingProgrammer

littlerock wrote: »

I did not realise you needed planning permission to put up a notice on private land. How does that work?

You don't, so long as they are under a certain size.

https://www.planningportal.co.uk/info/200130/common_projects/4/adverts_and_signs