Neighbours right to pass through my property.

ChrisTG

Sorry if this is the wrong place to post this, but I’m just about at my wits end and I don’t know what to do. 

I’ve owned my home for well over 20 years, and in that time I’ve had some lovely neighbours in the two housing association houses either side. 

Roughly 10 years a young couple moved in who then proceeded to have parties with PA systems that could be heard half a mile away, smoke weed non stop even though they had a baby which has now got learning difficulties, but I was always live and let live I was young and stupid too. 

In the last few years this self centred behaviour has escalated into constant anti social behaviour, very loud music, being shouted and swore at, driveway being constantly blocked by their vehicles (even though the police have told them to move them many times), nails under our car tyres, rubbish being thrown into our garden etc. 

Recently the female neighbour lost it completely, and for 10 minutes screamed about how she was going to stab my wife to death. 

The police do nothing, the housing association claim it isn’t their responsibility. 

The whole situation is ruining our lives, and due to stress I haven’t been able to work for two years. 

Since the lockdown they’ve seen it as a reason to ramp up the nasty behaviour, and have been parking their large van half in my garden at the back of my house for hours at a time, and I’ve came to the end of my tether. 

For clarity, I live in an end terraced house, and the driveway goes from the street to my back garden. 

When the housing association refused to pay towards fencing I paid for it all to be fitted, and fitted an expensive tall gate so they could access their garden via the parking area at the back of house. 

A choice which now I obviously regret, and I need know if I can change this and fence up the access so at least I don’t need be swore at and threatened when using my own garden. 

Thanks for any help, Chris.

Comms69

No idea as i dont know what your boundary is? and was rights of way there are.

ChrisTG

The housing association and police have already stated they don’t have vehicular access. 

The driveway is shared by 4 properties, but were the only ones using it as vehicle access. 

The houses were constructed in around 1880 as mining homes, and the most modern boundary plans I’ve found go back to the 1940s. 

They show my boundary’s being along the side of the house, then at the end of drive being the centre line of the driveway. Other side boundary is the dividing wall of the house between adjoined properties. 

greatcrested

I can't picture the boundaries from your description.

It's not clear who owns the drive.

It's not clear who has ROW over the drive.

It's not clear how the van appears to be not on the drive but half in your garden.

You've not stated what your title deeds say about any of this, if anything.

As for the noise, abuse, threats etc there's little i can suggest except

* report it to the police every time it happens, and insist on a crime report number. So there is a record built up.

* keep a diary of events

* record it if possible

* speak to other neighbours (if it's as bad as you describe, there must be others who are being disturbed) and pursuade them to add their complaints

Comms69

Neither is relevant. The police wont have checked - guaranteed. And HA might be sharing an opinion.

Whilst your boundary is clear, rights of access are not. You can own land and not have the right to exclude people from it. 

Assuming however that no such right exists. You would be wise to report this as harassment. Once you have a few such reports you can go get a civil injunction to prevent this behaviour. 

ChrisTG

Because the houses are so old there doesn’t seem to be any recorded legal ROW over use the of the driveway or across properties. 

The houses are in blocks of four, so a driveway, then four houses, then another driveway. 

ROW has been allowed just because of being neighbourly. 

There are other houses in other rows of four that are privately owned and have removed right of access through there properties. 

It’s an situation where there are privately own houses mixed in with housing association. 

The driveways lead upto the rear gardens of the two end terraced houses they serve. 

As I use the first 10m of my rear garden as parking so there’s no gate there, and I have a fence and gate to access the grassed area of my garden. 

Hope that helps explain. 

All anti social behaviour has been recorded and reported to the HA, and violent behaviour reported to the police. 

The problem is that without fitting cameras across all areas of my property it’s impossible to legally prove it’s them doing it. 

Comms69

ChrisTG said:

Because the houses are so old there doesn’t seem to be any recorded legal ROW over use the of the driveway or across properties. 

The houses are in blocks of four, so a driveway, then four houses, then another driveway. 

ROW has been allowed just because of being neighbourly. 

There are other houses in other rows of four that are privately owned and have removed right of access through there properties. 

It’s an situation where there are privately own houses mixed in with housing association. 

The driveways lead upto the rear gardens of the two end terraced houses they serve. 

As I use the first 10m of my rear garden as parking so there’s no gate there, and I have a fence and gate to access the grassed area of my garden. 

Hope that helps explain. 

All anti social behaviour has been recorded and reported to the HA, and violent behaviour reported to the police. 

The problem is that without fitting cameras across all areas of my property it’s impossible to legally prove it’s them doing it. 

Yes i think i understand. A civil injunction requires very minimal proof. Pictures of the obstruction on numerous occasions would be sufficient.

A civil injunction in effect requires the recipient to not do something they ought not do anyway. But breach of the injunction is contempt of court and only a fool would risk that.

ChrisTG

Thanks Comms69, that’s very helpful I’ll look into it.