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Access Road & Parking & agressive caretaker

Flappersmkip
Posts: 21 Forumite

Hi, we have a problem with a very angry old man who caretakes for a property that we have access through. This guy has shouted and frightened my 6-year-old girls to the point of tears and brought me very close to bursting point. I've added some images so you get the idea of the issue. We are about to pen a letter to the owner and hope someone here can offer some advice. We have had to pay the land registry to get the name & addy to write her a letter. We did have some issues with this man a couple of years ago and he called his boss, the owner, while we were disputing ownership of the strip of land. (Our estate agent had told us we owned it, a yr later when we came to this argument, we found out we didn't after carefully looking at the deeds) At that time I had an amicable 5 min convo with her about the access and it was all fine.
He informs me that the damage done to the flags because the Tennant sometimes clips the flag when parking is our fault as there isn't sufficient room. Are we responsible, please?
Parking there had never been a problem and the previous owner had done the same without issue. We park two cars and the neighbours two sometimes three. Can we park on our right of way if it doesn't inhibit or block other vehicles and are they allowed to park on our right of way?
Conveyance of -------------dated 29 April 1953 made between (1)
--------------- (Vendor) and (2) ------------ (Purchaser):-
"TOGETHER WITH full right and liberty for the Purchaser and his
successors in title the owners or occupiers of the property first and
secondly hereinbefore conveyed his and their undertenants and servants
(in common with the Vendor and his successors in title and all other
persons who have or may hereafter have the like right) at all times
hereafter by day or by night and for all purposes with or without
horses carts carriages motor cars or waggons laden or unladen to go
pass and repass along over and upon the strip of land coloured brown on
the said plan attached hereto the Purchaser and his successors in title
from time to time paying his or their due proportion of the expense of
maintaining the same in proper repair
NOTE: The land coloured brown referred to is tinted brown on the filed
plan.
End of register
Title number -----------
--------------- (Vendor) and (2) ------------ (Purchaser):-
"TOGETHER WITH full right and liberty for the Purchaser and his
successors in title the owners or occupiers of the property first and
secondly hereinbefore conveyed his and their undertenants and servants
(in common with the Vendor and his successors in title and all other
persons who have or may hereafter have the like right) at all times
hereafter by day or by night and for all purposes with or without
horses carts carriages motor cars or waggons laden or unladen to go
pass and repass along over and upon the strip of land coloured brown on
the said plan attached hereto the Purchaser and his successors in title
from time to time paying his or their due proportion of the expense of
maintaining the same in proper repair
NOTE: The land coloured brown referred to is tinted brown on the filed
plan.
End of register
Title number -----------

I just went out to take a few more pictures and measure distances and he took my keys and kicked my tape across the yard then threw the keys... Anyway please see images below. The rectangle highlighted is our right of way and leads only to our garage and back gate. The caretaker is saying he will park 4 cars on his tarmacked area in front and to the sides of the house. Unless they were 4 tiny fiats or the like its impossible without him parking on the right of way. Can anyone please offer any support, im a little shaken by all this









That measures 16ft, plenty of room to get a car out.









0
Comments
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I'm not sure Motoring is the best place for this ... House Buying, Renting & Selling is probably a better place. PM a Board Guide to get this moved.0
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The deeds allow you to "pass and repass". That doesn't include parking. You are neither"passing" nor "repassing" while parked.2
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You are not responsible for the damage but you are not allowed to "park" there, you are only allowed to "pass over" the land going to and from the garage.I am afraid that although the guy is a bully you are in the wrong.2
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Thank you, what if he blocks access or parks partially on the access road. Do I have any recourse there?0
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If he blocks your access then yes you can take action.
1 -
What can be done please?0
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How long have you been parking there? Are you and or your tennant turning the other house's property and shifting/breaking his slabs? I'm not surprised the guy has lost the plot.1
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I would put a large sign on your garage door saying "Access required at all times" but as others have said you have no right to park in front of the garage.0
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Flappersmkip said:What can be done please?First, a polite letter to the owner, pointing out that his employee is interfering with your legal access.If that fails, a lawyer's letter will probably work, and shouldn't cost much.Last resort is to seek an injunction (assuming you're in England or Wales).0
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Its odd that part of the driveway has been paved as it is. It makes it appear as a separate property. The area marked as a right of way is also needed by that property to access their parking. I'm not suprised they're annoyed if you're leaving an angled 16 foot gap expecting them to move cars to get out.
1
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