Neighbour building a drive onto private road

Dustyevsky

35har1old said:

Grizebeck said:

A drive which isnt porous (ie tarmac) requires planning permission btw...
Is there any easement or anything in the deeds to show they can cross your land
A legal does not need to be expensive

Might only apply to a driveway unto a public road
Does not require planning for example if porous Asphalt used and rain water to be run to lawn or flower bed

More than 5m2 of non-porous surface in front gardens needs planning and mitigation. Is this a 'front' or 'back' garden? Sounds like it might be a side garden!

Without an easement, they have no rights. I have an easement and my neighbours still think I have no rights, so I can see both sides here. You will win. My neighbours will lose, but as someone else said, it probably won't be an amicable outcome.

pinkshoes

What an arrogant d*ck your neighbour is!

Assuming you've downloaded yours, your neighbours and his deeds which will show the clear boundary lines (£3 each from land registry), then sent a copy of the official documents to this neighbour stating that it is a private road, he does not have access and will not be permitted access, then all you can do now is install a bollard on your land where you park your car, and in front of where he is trying to put his gate.

If he tries to remove it, then police action for criminal damage. 

In the mean time, do you have some bulky friends that could help bounce the van back onto the main road. If it's causing an obstruction on the main road the police will then be interested. Perhaps do this late at night when the neighbour is sleeping...

(we did this to a friend once as a joke and bounced his car round the corner and he thought it had been stolen! - with enough people it was surprisingly easy to move!)

Dustyevsky

pinkshoes said:

What an arrogant d*ck your neighbour is!

In the mean time, do you have some bulky friends that could help bounce the van back onto the main road. If it's causing an obstruction on the main road the police will then be interested. Perhaps do this late at night when the neighbour is sleeping...

If the OP  is going to use the law as you suggest, via reference to Land Registry documentation, it might be a mistake to use bully boy tactics. These don't sit well with the legal approach.

The van will move. Preventing it from moving back again is entirely different from moving it yourself.

sheramber

Is it only you and one neighbour who are concerned/involved?

Would any action to block the access to the road affect the others in the row?

Have you discussed the problem with any others involved?

ThisIsWeird

Numpty22 said:

Thank you for all of your advice, I have tried writing a kind letter and attached my boundary plans etc, but unfortunately have been met with hostility/claims I am lying.

I have attached a photo- the blue van belongs to the resident mentioned and mine is the white car- the garage behind the blue van is also mine (it’s not blocking the garage). Where their van is now is half within mine and half my neighbours boundary. The gate they are constructing goes from the garage to the palm tree. The white car is mine- which has halted their construction.

i think we as residents are going to build our own fence parallel on this side, but cannot do so yet as the blue van has not moved now for 3 weeks and is parked right up to the fence

Neighb 'Z' has lost any entitlement to good will or compromise. I strongly suggest you don't come to any agreement with him on having access on any basis. Good chance, when he realises he's scuppered, he'll be all contrite and apologetic and claim he genuinely thought he had a right - "so mega-soz. Now, how about..."

I strongly urge you, Don't go there. He's blown it. He is undeserving. He will not be appreciative; he'll  consider himself 'entitled'. If he tries this sort of 'reasonable' approach, it's because he's a devious and manipulative person. Just don't go there. Look at him - he is lying to you. He's the sort of person that Billy Butcher would enjoy 'taking out'. 

That's CCTV you have running? Well done. 

I suggest you write an unambiguous note, ideally signed by all your neighb's, to say 'this is a private road for props A to D only, and no other property has any right of access.' And make sure you have a means of recording that it has been delivered.

How to tackle future trespass on to your road, I don't know, but if you (or any of your neighb's) has Leg Prot on their insurance, then call them up for advice. It's free.

Yes, you could put up a parallel fence at what is the end of your land, or just some posts or bollards. Local police on speed dial should he touch it. I would also be looking at excluding him from that road in its entirety. If you need to fit a gate or bollard at the entrance, set it in a car's length so you can turn in off the main road before having to unbolt. But I'd also look at legal ways of doing this first, so you don't have the hassle of having to unlock. It may first require a sign; "Private road - for residents of no's A to D only." And a comment on what could happen to transgressors, once you find out...! I understand you can employ private parking enforcers - now, how tasty would that be :-)

Sea_Shell

Whatever happens, if "z" is able (allowed) to do what they want, then it will become harder and harder to enforce later.   They'll block access and only move their car/van when they need it, stopping you fixing a bollard on that spot etc.   Which is sort of what they're doing already, using that blue van.

This needs nipping in the bud asap.

NameUnavailable

You need to speak to the other neighbours who own the road. They may not be bothered about the lost parking space but I bet they will be concerned when you point out the fact that these people won't pay towards any upkeep, damage etc., not to mention the increased traffic movement/noise behind their houses.

Get the info together and as a solicitor to draft a letter pointing out that this is private land etc. and warning them that further action will be taken if they continue to try to use the lane for access.

I would also think about getting a gate/post to stop access or even find a car to park over that area of the fence and leaving it there once that van has been moved. You could also do this after they've made their driveway but that's likely to really put their backs up!!

Flugelhorn

Install an electric charging point for your car just by the fence

Schwarzwald

If he went ahead with all this, Can you install cctv and mandate a private “car park management company” to manage the space and have them effectively issue a fine each time he uses/parks on the private road without ROA?
fines will pile up and you will have outsourced the problem to them as it will be them going after him and their money and not you.

MultiFuelBurner

Of course once their drive gates are installed they will believe the space in front is theirs and park there all the time.

Being a private road the stakeholders need to get together and get some formal action going. Normally a solicitors letter will start the ball rolling.