Right of Way and legal obligations - what can I do?

crazycatlady1984

moneyistooshorttomention wrote: »

Hmmm....well as for the rusty old shopping trolleys.

Last I knew I believe that those shopping trolleys cost us about £100 each (yep....I do mean "us" - as I'm sure the supermarkets won't be covering the cost of replacement trolleys out of their profits).

Now - I do know that supermarkets come out and collect their trolleys if they've been abandoned anywhere. Goodness knows - I've had to report any number of abandoned trolleys to them - and they do always come and collect them.

I've never had to report one "abandoned" in someone's private garden yet - but there's always a first;). So I'd check out who those trolleys are from and would be on the phone saying "Hello, T*sco - there are 6 of your trolleys abandoned at the following address...." and then sit back and await T*sco coming round with a van to collect them:)

It's a good idea, but you have no idea how delapidated these things are - they are rusted beyond recognition. Not likely Tesco, more likely Presto or Fine Fayre or some other long forgotten chain :eek: :rotfl:

austonic

Wow. I've got no bright ideas but I've subscribed to see if anyone comes up with something.

Seems to me that legal escalation would be long winded, potentially expensive and probably not a lot of fun. However, I think a judge in the long run might take the view that if you haven't raised concerns in a formal manner and attempted to reach an amicable accommodation but simply lived with it then you have not taken reasonable steps.

Thus, i would be tempted to send letters from a solicitor that are very clear and fast based, not least to get down on paper with dates the specifics. I'd also propose meeting for independent mediation (that's you demonstrating a willingness to find a solution) that you offer to pay for. You should also keep a diary of all events and problems. To address your security concerns of the gate often being left unsecured you might consider installing a CCTV to monitor the security of YOUR GARDEN which would of course then provide recorded evidence of their activities.

You would of course tell them, in a letter from your solicitor, you are installing the CCTV for security purposes because of your concerns about the gate.

If their yard is very bad, you might want to raise your concerns with the local council / environmental health.

I expect that legally changing the rights of access and specific route would be very difficult without mutual agreement, and enforcement even more difficult. I think Scotland lacks Trespass laws as well?

Good luck.

rach_k

You could always kill them with kindness - as they seem to now want the gate left open, put a hook on the gate so they can fasten it wide open against the fence and then make a point of leaving it open a few times, perhaps on bin day so you're helping them put their bins out (in their old age!). Going off their previous behaviour, knowing you're happy to have the gate left open may well cause them to leave it firmly shut!

Mojisola

austonic wrote: »

Seems to me that legal escalation would be long winded, potentially expensive and probably not a lot of fun. However, I think a judge in the long run might take the view that if you haven't raised concerns in a formal manner and attempted to reach an amicable accommodation but simply lived with it then you have not taken reasonable steps.

Thus, i would be tempted to send letters from a solicitor

If you do this, you would be obliged to tell any potential buyers in the future that there is a neighbour dispute which will put most buyers off the property.

Don't escalate to official proceedings unless there's no other way to manage the problem.

crazycatlady1984

Mojisola wrote: »

If you do this, you would be obliged to tell any potential buyers in the future that there is a neighbour dispute which will put most buyers off the property.

Don't escalate to official proceedings unless there's no other way to manage the problem.

Yes,definitely, really don't want to go down that route.