Neighbour dispute?

AineS77

bouicca21 wrote: »

Still a bit confused, his deeds give him different rights over the two sections? He has RoW for all purposes up to the black line, but pedestrian only for the remainder of the route to his house?

No, its all purposes to his front door but its a narrow set of stairs so there is no way to get up them except on foot. I am sure if he could drive up them he would!

Cakeguts

pinkshoes wrote: »

I think I may be beginning to unscramble this. You are in house 2 is that correct? Up to the black line he has vehicle access? Beyond that and going toward his house there is a narrow pedestrian access to the alley and then on beyond that a set of steps up the side of his house to his pedestrian access? What he is trying to do is to force you to take a bit off the side of your land so that he can drive up to the steps and then across your garden to make vehicle access to a house that doesn't have any?



Is this correct?

SG27

AineS77 wrote: »

Haha! Thanks - we haven't been quite brave enough to do that though we have considered blocking him in!

Probably not the best thing to do if you are potentially going to sell. This will clearly escalate the dispute.

Im sorry I dont have anything to help. Its a difficult situation.

SG27

Cakeguts wrote: »

How old are the houses? Houses built in 1800 for example are unlikely to have vehicle access.

Not originally, but many have it added later. With the deeds altered at various times during the 1900s

AineS77

Cakeguts wrote: »

I think I may be beginning to unscramble this. You are in house 2 is that correct? Up to the black line he has vehicle access? Beyond that and going toward his house there is a narrow pedestrian access to the alley and then on beyond that a set of steps up the side of his house to his pedestrian access? What he is trying to do is to force you to take a bit off the side of your land so that he can drive up to the steps and then across your garden to make vehicle access to a house that doesn't have any?



Is this correct?

Yes, exactly right. He wants us to give him full vehicle access through our garden to his house. He spent 6 months doing this to the previous owner (according to neighbours) and they didn't disclose his 'unloading/loading' schtick (ie parking on our drive and blocking our access) to us when we bought the property.

AineS77

SG27 wrote: »

Probably not the best thing to do if you are potentially going to sell. This will clearly escalate the dispute.

Im sorry I dont have anything to help. Its a difficult situation.

No you are right - we haven't retaliated in any way as we don't want to stoop that low. We'd rather solve it legally. I don't think there is any way we can sell and recoup all the costs this way but perhaps we can if we can successfully sue the sellers for misrepresentation.

Cakeguts

AineS77 wrote: »

Yes, exactly right. He wants us to give him full vehicle access through our garden to his house. He spent 6 months doing this to the previous owner (according to neighbours) and they didn't disclose his 'unloading/loading' schtick (ie parking on our drive and blocking our access) to us when we bought the property.

Is he a builder or developer? Is he doing lots of work to the house to do it up or modernise it? If I was in your position I would park somewhere else so that he can't park you in or cause you a nuisance and just let him get on with his "loading and unloading." It is annoying when you have a drive and garden to have to do this but it is a lot less stressful and it will show him that he isn't getting to you.

nic_c

If he has no vehicular access on your land past the black line, install a bollard or two along there
https://www.amazon.co.uk/Fold-Foldable-Security-Bollard-Parking/dp/B002QVYK1Q

You don't have to install it right upto the black boundary, in case there is a dispute whereabouts that is as deeds and maps can be unclear) but in such a place to prevent van access on that part of your land he has no access to.


Though this could be seen as escalating matters

Also install CCTV viewing down the side of the garage

AineS77

Cakeguts wrote: »

Is he a builder or developer? Is he doing lots of work to the house to do it up or modernise it? If I was in your position I would park somewhere else so that he can't park you in or cause you a nuisance and just let him get on with his "loading and unloading." It is annoying when you have a drive and garden to have to do this but it is a lot less stressful and it will show him that he isn't getting to you.

I don't know what he does for a living - we have never gotten to the stage of discussing that! He is around a lot so suspect maybe a developer and seems to be doing most of work himself. Yes when I definitely need to go out in the car, I've been parking on the main road as can't be sure that I will be able to leave via car otherwise.

kiddy_guy

So firstly go after the seller. There's a known dispute and they are going to get their backsides kicked in court. I'd be suggesting they buy the house back. If you have enough parties that are happy to bear witness to the fact that there was a known dispute then you'll win quite clearly.

Secondly either proceed with legal action against the neighbour but only if you're confident that your documentation shows that you're in the right. We've got something on a document that we own relating to one of our properties but the other party also has something that contradicts ours on theirs. The only way of getting to an answer on this one will be a very expensive court battle.

Ultimately the way of forcing the neighbours hand is to install that bollard and force him to take you to court if he thinks he's in the right. You'll soon see whether he's playing Bluff or not.