The neighbour of my immediate neighbour threatening to break my fence if I try to install it.

Abid_shah

I recorded his voice today where he said he will break my fence if I erect it.
should I report this to police?
is audio evidence enough?
thanks

Ath_Wat

Abid_shah said:

Thanks I will check home insurances document.
the main question is can the neighbour ask me to leave wider rear space than he left himself at the rear of his garden? 

As his garden has a right of way access for the house next to him as well.

i don’t believe he can ask me to leave a wider space than his and my next door neighbour across the passageway. If you look at the attached map I coloured his house yellow and mine has red borders.
thanks

That question is entirely irrelevant.  If he has blocked off somebody else's right of way, even yours, that doesn't extinguish his.  You could of course take action against him if he has done something illegal, but it doesn't stop him taking action against you if you do.

He can't of course "break" your fence, but if he has just said he will remove it, he might be within his rights to do that.

The exact details of the right of way he has are all that matter.

Abid_shah

Bendy_House said:

Evidence evidence evidence, Abid. This neighbour has threatened to break a fence you install? Yes, that is a police matter. However, if you cannot prove that they said this, there's very little they can do. Mind you, after informing the police of this threat, if it does then happen, then you have a slightly better case.

With any future conversation, make sure it's recorded and/or witnessed.

Check the LR and deeds as suggested above, and give no quarter to these guys. You may wish to set up CCTV cameras to cover that area - try and keep it to within your land - and report anything that's amiss. Such folk will just keep taking advantage.

(And, yes, when you check their deeds, see if it prohibits commercial activity from home.)

I haven’t installed fence yet but I am going to and he threatens that he would block it or break the fence at the rear of my garden.

Bendy thanks for your help
Abid

TripleH

But is the right of way over your garden?

What type of right of way is it?

If it is not vehicular then his arguement is dead about cars coming down.

If it is vehicular then it becomes trickier as he could argue vehicular means a removal lorry whether he owns one or not. Its not about a set area of land unless the deeds specify so.

This is why the exact wording is so important.

It doesn't matter that you might think a 2m gap is sufficient for access, if you get it all wrong, this could cost you thousands.

Ath_Wat

canaldumidi said:

Abid_shah said:

I did download his deed and it says

).

 2      The land has the benefit of way over the passageway at the rear leading

        into Rosebery Avenue.

The above he can do without accessing my land as he House is not adjoining my property.
correct?
thanks
Abid

.. how can he access Rosebery (sic) Avenue ...

There are actually a surprising number of Rosebery Avenues with that spelling, probably because of this guy :

https://en.wikipedia.org/wiki/Archibald_Primrose,_5th_Earl_of_Rosebery

I hadn't heard of him either.

Abid_shah

TripleH said:

@Abid_shah it is the deeds that will give a definition of access.

In my mind, access could be anything from 1 person on foot only to room for a road train to get round the back, which is a very broad scope. 

Whilst I 'think' this neighbour's neighbour sounds like they are in the wrong, the deed could prove otherwise.

Bendy_House's point about whether commercial access is prohibited is a key one as it could greatly help your arguement

This is the text in neighbour’s deed about restriction on trade which cause nuisance to any neighbours.

THE FIRST SCHEDULE above referred to

       1.  The trade of an Innkeeper Victualler of Retailer of Wines spirits

       or Beer or of a seller of any of those articles under an off-licence is

       now to be carried on upon the land hereby conveyed or any part thereof

       hereinafter called the land) and no house or building to be erected

       upon the land shall at any time hereafter be used for the manufacture

       or sale of wines beer spirits or intoxicating liquors.

       2.  No part of the land or any building to be erected thereon shall be

       used for any manufacture or any offensive noisy or dangerous trade

       businss purusit or occupation or any purpose which shall or may be or

       grow to be in any way a nuisance damage grievance or annoyance to the

       Vendors their successors in title or assigns or their tenants or to the

       owners or tenants of any of the neighbouring property or the

       neighbourhood or which may tend to depreciate or lessen the value of

       the adjoining or neighbouring land of the Vendors or any part thereof

       as residential property.  No temporary building shall be erected on any

       part of the land except for building purposes.
thanks

  

Ath_Wat

TripleH said:

Bendy_House's point about whether commercial access is prohibited is a key one as it could greatly help your arguement

Does it though, for this particular argument?  It means they could object to the neighbour setting up a business down there.  But if he has a vehicular right of way, they can't block it just because they think he wants to set up a business, or even if he has set up a business.   The neighbour will still have vehicular rights.

Abid_shah

TripleH said:

@Abid_shah it is the deeds that will give a definition of access.

In my mind, access could be anything from 1 person on foot only to room for a road train to get round the back, which is a very broad scope. 

Whilst I 'think' this neighbour's neighbour sounds like they are in the wrong, the deed could prove otherwise.

Bendy_House's point about whether commercial access is prohibited is a key one as it could greatly help your arguement

These are his deeds words on restriction of commercial activity.

THE FIRST SCHEDULE above referred to

       1.  The trade of an Innkeeper Victualler of Retailer of Wines spirits

       or Beer or of a seller of any of those articles under an off-licence is

       now to be carried on upon the land hereby conveyed or any part thereof

       hereinafter called the land) and no house or building to be erected

       upon the land shall at any time hereafter be used for the manufacture

       or sale of wines beer spirits or intoxicating liquors.

       2.  No part of the land or any building to be erected thereon shall be

       used for any manufacture or any offensive noisy or dangerous trade

       businss purusit or occupation or any purpose which shall or may be or

       grow to be in any way a nuisance damage grievance or annoyance to the

       Vendors their successors in title or assigns or their tenants or to the

       owners or tenants of any of the neighbouring property or the

       neighbourhood or which may tend to depreciate or lessen the value of

       the adjoining or neighbouring land of the Vendors or any part thereof

       as residential property.  No temporary building shall be erected on any

       part of the land except for building purposes.

it says business which cause nuisance to neighbours which obviously car repair service will cause in the whole street but in particular to me.
you think it restrict him?

Ath_Wat

Abid_shah said:

I recorded his voice today where he said he will break my fence if I erect it.
should I report this to police?
is audio evidence enough?
thanks

That might be of use if he does at some point break a fence; at the moment they won't be interested.  Hang on to it.

As I said above if he just says that by "break" he means remove; he does have a right to do that if you block his right of way.

Slithery

We need to see the full, exact wording from both yours and his deeds as well as any other documents they make reference to to be able to comment accurately, not just the excerpts that you've given us so far.

This is the only thing with any legal relevance.