Neighbour dispute?

Cakeguts

So he has a right of way over it but no right to park on it is that correct? For example if he had a motorcyle or a small car he could drive over it to get access because he could get out the other end. A large van can't be driven over it to get access to his property because the access to his property is too narrow. Is that right? We had exactly this problem with a right of passage. A neighbour became convinced that the right of passage meant he could park his car on it. However it was a right of passage not a right of parking or of unloading you had to be moving to use it.



You need to find out if this is a right way where it is only to be used for access and not parked on or not. If he is parking on there to unload that may not be what is meant by right of way for access.

AineS77

AdrianC wrote: »

Were they answers they gave correct, as of the date the form was completed and signed?


If so, then...

Possibly yes but surely the vendor shouldn't have submitted old documents with non recent information omitted? I don't know though, I am just hoping you are not right.

bouicca21

Does the entranceway and yard hatched black on his plan match the hatched area on your diagram? Does he have RoW over the area that you haven't hatched?

It does look as though he has rights for a vehicle and thus has good cause to be angry about that wall.

If I were you I'd be taking legal advice so you know exactly what rights each of you have, then try to calm him down and have a tea and cake moment. After all if he is right then you both have good cause to be angry with your vendors, and can bond over that.

As for damage to your garage - well if he damages it, he pays for repairs. CCTV is your friend. Long before CCTV, I lived in a house that had a fence occasionally knocked down by careless Lorry drivers, they always paid up in the end.

AineS77

Cakeguts wrote: »

So he has a right of way over it but no right to park on it is that correct? For example if he had a motorcyle or a small car he could drive over it to get access because he could get out the other end. A large van can't be driven over it to get access to his property because the access to his property is too narrow. Is that right? We had exactly this problem with a right of passage. A neighbour became convinced that the right of passage meant he could park his car on it. However it was a right of passage not a right of parking or of unloading you had to be moving to use it.



You need to find out if this is a right way where it is only to be used for access and not parked on or not. If he is parking on there to unload that may not be what is meant by right of way for access.

He is not allowed access at all past the black line. We 100% own that land privately and no neighbour has any access past there. But that is what is wants. I'm pretty sure he can't park on our drive but there is a loophole with the 'loading/unloading' where he is exploiting it to his advantage (but pushing his luck a bit).

TBH we just want to get out but we can't resell while this going on as who in their right mind would buy it given what is happening? We couldn't be so dishonest as the seller was to us, to land some other poor sod in this situation.

AineS77

bouicca21 wrote: »

Does the entranceway and yard hatched black on his plan match the hatched area on your diagram? Does he have RoW over the area that you haven't hatched?

It does look as though he has rights for a vehicle and thus has good cause to be angry about that wall.

No he has no right past the black line - just pedestrian access up the side of his house. He bought his house late last year knowing this.

My husband and I are incredibly calm people and have tried to speak to him normally on a number of occasions but he gets very irate immediately. We understand his predicament and are willing to talk calmly with him but he won't stop throwing his weight around. He is being very unreasonable and we are just tired of the confrontation and are mostly just angry at the sellers/estate agent for landing us in the middle of what is clearly a very big dispute that we were not told about (actually they lied to our faces and told us the neighbours were all lovely when we viewed the property on a number of occasions prior to purchase).

Cakeguts

Is the wall there to stop him making a vehicle access over your garden to get to the front of his house because from the diagram you drew it looks as if he can only ever get access to the side or back of his house. If the access at any point is too narrow to drive down he can't take a piece of someone else's garden to widen it to the point where he can get a van through but you can't block his access to the yard or side of his house. He on the other hand can't block your access either so he can't park you in.

AineS77

Cakeguts wrote: »

Is the wall there to stop him making a vehicle access over your garden to get to the front of his house because from the diagram you drew it looks as if he can only ever get access to the side or back of his house. If the access at any point is too narrow to drive down he can't take a piece of someone else's garden to widen it to the point where he can get a van through but you can't block his access to the yard or side of his house. He on the other hand can't block your access either so he can't park you in.

That was built by the previous owner, not us. We were told it had been there for many years but in fact we have since found out that it was built when he showed up in his van to ensure he couldn't gain access across our land (or what is now our land). He bought his property based on pedestrian access only. Lots of people just park on the main road its a quiet village in the lakes and not busy at all and there is usually lots of space. We are not from the area and thought it a little odd but accepted that the houses are a little higgeldy piggeldy and many don't have vehicle access/parking.

Davesnave

So, in essence, this chap wants the current access over your land on foot to be extended to allow vehicles visiting one property to pass and re-pass.

If you have a mortgage, you could not grant this without involving your lender, but it's something you might consider as a business proposition, offsetting whatever drop in value you think you'd suffer and estimating what increase in value No3 would achieve by having car access/parking.

AineS77

Davesnave wrote: »

So, in essence, this chap wants the current access over your land on foot to be extended to allow vehicles visiting one property to pass and re-pass.

If you have a mortgage, you could not grant this without involving your lender, but it's something you might consider as a business proposition, offsetting whatever drop in value you think you'd suffer and estimating what increase in value No3 would achieve by having car access/parking.

Thanks - yes thats exactly it. Good point about seeking permission from our lender. They would need to revalue - I hadn't considered that.

AdrianC

Davesnave wrote: »

So, in essence, this chap wants the current access over your land on foot to be extended to allow vehicles visiting one property to pass and re-pass.

The current access is not restricted to foot. It is all purposes.