Definition of loading and unloading

aaronC · 5 September 2019 at 4:12PM

hazyjo wrote: »

So there's a dropped kerb at the end of your drive? Does he park over that or just in the road? Would vehicles be able to get down the road/track if you parked on your own dropped kerb?

Its a private road that is very narrow with no kerb either side. He comes past several cottages very close to our front door.

Is there a white line (like a capital I/stretched H) painted on the road there? You could always request one from the Council, you'd prob have to pay for it. Would stop anyone parking there. Might mean you have to ring parking enforcement every time he does it, but maybe even just one ticket would stop him.

No white line as its a private road (that we own). If we thought we could get away with towing him, we would take the financial hit to force more reasonable behaviour from him!

aaronC · 5 September 2019 at 4:18PM

Thanks for this. The definition is along the lines of what we would expect for reasonable loading and unloading.

I fear you are correct in terms of it not being enforceable. We are trying to decide whether to take legal advice on this matter or not.

aaronC · 5 September 2019 at 4:24PM

sal_III wrote: »

Not well versed in RoW, but does it have specifics whether it applies to vehicles? If there is no requirement to allow him vehicular access, is there an option to install some barrier/bollard/pole to prevent him from parking his vehicle there but still allow him pedestrian access over your land?

The deeds say 'at all times and for all purposes' which we believe is an all encompassing ROW that allows for vehicle access. He just cant get the vehicle onto his land as the final lane bit to his house is too narrow, hence he 'loads and unloads' on our drive. So its a bit of grey area as we understand it. I think we may be able to install a gate but we'd need to give him a key.

aaronC · 5 September 2019 at 4:26PM

Skiddaw1 wrote: »

Unfortunately, I fear it's one of those situations where the only realistic solution is to try to politely reason with him and come to a mutually agreeable resolution (which I realise may be impossible). Is there a third party who could potentially diffuse the situation? A less stroppy partner or a mutual friend perhaps?

He's quite unpopular with most people as far as we can ascertain, certainly our other neighbours dislike him for various reasons (one of which is speeding along the lane). We've tried reasoning but he is not a reasonable man.

aaronC · 5 September 2019 at 4:28PM

ReadingTim wrote: »

If you think a "formal definition" is going to make him magically mend his ways with the proclamation "it's a fair cop, you've got me banged to rights", you're going to be sorely disappointed. Forever. This sort of selfishness is immune to reason.

The only way to 'train' this sort of selfishness out of him is to to do something which inconveniences him every time he inconveniences you. So ask him to shift it. Block him in or out/aggressively occupy your own space/get him towed or buy and old banger and physically ram his vehicle out of the way....Unfortunately, there might also be some unfortunate side effects associated with some of these...

We have considered blocking him in (particularly when it looks like he is heading off for a leisure activity!). We'd rather resolve it legally but if we cant, maybe we will have to play dirty.

aaronC · 5 September 2019 at 4:29PM

Mnd wrote: »

Make his life a misery by asking him to move as soon as possible every time. The problem you have is how will any reasonable time be enforced?

Exactly, without a formal definition of loading and unloading, we have no baseline to hold him to....

PasturesNew · 5 September 2019 at 6:24PM

It is taking the pee.

It's all about what the deeds say re running a business as it sounds like he's running a business. A self employed person storing things at his home and continually loading/unloading those. Check the deeds to see whether they say access is for residential use or not.

If it mentions for residential purposes he has a right of access then that'd exclude his business activities.

Nobody minds, for 5 minutes, 1-2x a day for a genuine loader... but this chap's not doing that. He's a nuisance, taking the mick.

If it says residential, then you've got him on that bit without having to define loading/unloading time.

Cakeguts · 5 September 2019 at 7:26PM

If you have got parking outside your house that is not on the drive. Narrow the drive to the point that if he parks on it he can't get the doors of his car open.

If the ROW says he has the right to pass over it that doesn't include stopping only moving over it to gain access. So if he can move over it that is all that he needs to be able to do.