Right of Way

KEMYST

I aplogise if this is a continuation of a previous post but I can`t find the original. The orginal issue was with my next door neighbour wanting a conservatory built on the boundary of the two houses,. They have a ROW through our property which is extremely invasive; in particular it is no further then 5ft from our house for its total length. My wife bought the house off a solicitor who was dishonest. If my wife had known about the ROW, she would never have bought the house. The neighbours wanted to bring in all materials (including pumping concrete) for the conservatory through and over our patio. This would have been for about 10 weeks. We onjected to this and they backed off. We could also not get an answer to who was responsible for any damage done during constrution (Anglian!!). The conservatory has now been built.

We realise that we can`t fight the ROW and we have never sought to impede it. We just want peace. However:

They now cross over our patio as a matter of course - even though they could more easily open their front door and step across the pavement to get to their car. They use the ROW six to eight times a day. (I don`t think I can fight this, either).
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Then things got worse. They started coming through and demanding that we move our feet to let them pass even when we were eating and our feet were under a table so there was plenty of room to pass. What they did was come through with the intention of provoking us and then recording the conversation. `She` now comes through, with a body cam around her neck. We have CCTV pictures of them actually standing on our patio riffling throuigh our washing and then stand there and take pictures of our property - from our property. She often comes through smiking and holding the body cam up to the CCTV camera.

We have now decided to move because tmy wife so unhappy and is bordering on being ill. But, the ROW is so intrisive and thr conservatory so overbearing, that we are having great trouble in selling the house.

They have upset everyone in teh village and have moved here wuth a reputation of causing problems  elsewhere.

Is it worth pusruing an action for nusiance/invasion of privacy? I`m not interested in money just an injunction or,if they were found guilty, would it just be a slap on the wrist? can the dominant tenant of a ROw create such a nusiance that the subserviant tenat can no long enloy his own property?

Thanks for reading any help would ve very appreciated

anselld

You can find your four previous threads on this ...
   Profile -> view profile, then press "Discussions" and scroll down.

Section62

KEMYST said:

I aplogise if this is a continuation of a previous post but I can`t find the original.

This one -
https://forums.moneysavingexpert.com/discussion/6283064/conservatory-boundary-right-of-way/p1

What happened about the gate you wanted to put in, and the door they wanted to open over your property?

Norman_Castle

I'd consider it harassment and question their use of cameras on your property. Are they trying to buy for a reduced price or looking for a payment to extinguish the row?

KEMYST

They had to back down about the door - but threw a huge tantrum about it. I don`t think they are looking for a reduced price. The ROW will never be extinguished - they are having too much fun punishing us for standing up to them. The gate is still there...at first they wanted the gate removed then they went to a solicitor who told them that the gate was ours (or at least there was a very high probability that the Court would find for us. What we wanted was to put a panel up on our property with a door in it so we would not be impeding the ROW. When we attempted to get quotes for the panel/door they came out screaming on both occasions and the reps just fled and we never did get a quote. I have a feeling that we will just have to put up with it.

Norman_Castle

Ask the police on 101. They may have the right to cross the property but I doubt they can film while there as its private property. The row doesn't allow them to interfere with your washing. Their behavior is intimidating and harassment.

KEMYST

Thanks for your input

Section62

Norman_Castle said:

Ask the police on 101. They may have the right to cross the property but I doubt they can film while there as its private property.

I can't see what law they would be breaking by wearing and using a bodycam.  I'm also not sure how sympathetic the police would be.  In the midst of a neighbor dispute, it arguably makes sense for the neighbour to film themselves crossing the OP's land so there is some kind of record of any interactions, and evidence to defend themselves if an allegation was made against them.  The police themselves are increasingly making use of these devices (including on people's private land) so may well see it from that perspective.

Norman_Castle said:

The row doesn't allow them to interfere with your washing.

I guess it depends whether the washing is interfering with the RoW.  IIRC the garden is not a large one.

Silvertabby

Awful situation to be in.  Would it be possible to put up, say, a trellis between your patio area and the ROW - or is your garden just not big enough for that?

Section62

Silvertabby said:

Awful situation to be in.  Would it be possible to put up, say, a trellis between your patio area and the ROW - or is your garden just not big enough for that?

There was a lot of discussion on the previous threads about alternative options and possible solutions. More or less everything was ruled out due to the layout and the circumstances.

This image is from one of the previous threads which gives an idea of the difficulty involved.

fryedslyce

If I was in that situation I would bolt that gate, then it would be up to them to get a court order if they really wanted to.
That would be a long drawn out process, and with your evidence of their harassment they would by no means inevitably win. That is of course assuming they even take legal action, there's a high likelihood they wouldn't.