Right of Way

Section62

fryedslyce said:

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.

On the basis of what's gone on so far it seems very likely the neighbour would take legal action, and quite probably win. Any alleged harassment won't remove the RoW, at best the OP might get some form of restraining order preventing the neighbour using it during their remaining ownership of the property.

Easy to talk tough.  Much harder to follow it through.

YoungBlueEyes

I agree with @Silvertabby, it must be an awful situation to be in. 

Is there any way you can string up your washing line so it doesn’t cross the row? And I know it would be less than ideal, but could you put up a trellis or similar so that you can at least sit outside in peace..? 

I think it’ll come down to how you can tweak the situation so it’s the least worse it can be. 

(But if you can convince the local naturist society to start having their meetings in your back yard, I’d do that. Or something equally awkward/uninviting to your neighbours….) 

Titus_Wadd

If there's any possibility of the parties end up in court, then resist the urge to retaliate when the neighbours try to provoke, your self control will stand you in good stead.
My family's experience of the available remedies is that the Police approach is broken.  The police responce and that of the Council is to pass the buck and tell us to take civil action.  They fail to interview suspects despite clear film of two assaults and after 5 months close the investigation.  We could complain but we already have one open ombudsman case and find the endless incompetence or lack of interest in our cases exhausting.
We've just been granted an emergency injunction, with a case  for damages in court shortly. It's a slightly hollow victory and all-consuming for 4 years, time that we'll  never get back.  The council issued them with a CPN but nothing improved and they aren't motivated to take remedial action!
I hope you manage to sell, in the meantime keep filming incidents, they cause on the RoW.  Keep a diary of the intimidation.  Keep us posted OP, and hope you and your family find some respite.

MikeJXE

If I was in that situation I would make it as uncomfortable as possible for them. The naturalists seems a great idea

YoungBlueEyes

Sure, naturalists could work too. Preferably ones with damned big cats!

Silvertabby

If karma really exists, then perhaps you'll sell to a buy-to-letter who then rents to someone like the tenants we sometimes read about on these boards.....

KEMYST

Thank you all for your advice. My reading is that they are not allowed to film when standing on my property. That is a definite. For the moment we are very reluctanly not taking action and quietly accumulating evidence. It is correct that the ploice are broken we have already tried that. The next time they come thriough and tell me to move I shall politely decline and see what they do. Theycan take me to Court if they like...the judge may slap me on the wrist but decline tio award them costs. That would be nice. As yet I do not think we have enough for an injunction but we do have legal insurance. We will see what happens in the next few months.

Norman_Castle

KEMYST said:

 My reading is that they are not allowed to film when standing on my property.

Ask them not to film or record anything on your property, until they're told they can play dumb and suggest they thought it was ok.

They can pass and repass but cannot linger on the row so stopping to film your cameras or rifle through your washing isn't allowed.

They're clearly bored idiots.

"The next time they come thriough and tell me to move I shall politely decline and see what they do".

They can ask but they don't have the right to tell you to move.

lookstraightahead

Norman_Castle said:

KEMYST said:

 My reading is that they are not allowed to film when standing on my property.

Ask them not to film or record anything on your property, until they're told they can play dumb and suggest they thought it was ok.  They're clearly bored idiots.

"The next time they come thriough and tell me to move I shall politely decline and see what they do".

They can ask but they don't have the right to tell you to move.

This is what I was thinking. What a sad existence.

400ixl

Could you not remove the slabs that make the RoW so that it is just a muddy path over winter. May discourage them from using it, especially in the wetter weather.