Window opening on to our property

Smith2022

We are the landlords of a commercial property which has a drive at the back for vans to access to deliver supplies to the shop. The property at the back of the drive have now installed new windows that open on to our land, we have told the owner that its not acceptable as the vans cars etc going up the drive will break his window and i can imagine that he is the type of person who will make us pay to repair it. He has said vans don't go that far up because its so tight but the people that rent the shop do to park up there. Is there anything i can do?

MattMattMattUK

Smith2022 said:

We are the landlords of a commercial property which has a drive at the back for vans to access to deliver supplies to the shop. The property at the back of the drive have now installed new windows that open on to our land, we have told the owner that its not acceptable as the vans cars etc going up the drive will break his window and i can imagine that he is the type of person who will make us pay to repair it. He has said vans don't go that far up because its so tight but the people that rent the shop do to park up there. Is there anything i can do?

Conveniently place a fence post?

GDB2222

Write and say that they trespass at their own risk? 

housebuyer143

Push the windows closed every time someone goes by? 

user1977

MattMattMattUK said:

Smith2022 said:

We are the landlords of a commercial property which has a drive at the back for vans to access to deliver supplies to the shop. The property at the back of the drive have now installed new windows that open on to our land, we have told the owner that its not acceptable as the vans cars etc going up the drive will break his window and i can imagine that he is the type of person who will make us pay to repair it. He has said vans don't go that far up because its so tight but the people that rent the shop do to park up there. Is there anything i can do?

Conveniently place a fence post?

Or a wall?

Albermarle

You could put something in writing to them, stating clearly that you, or anyone legitimately using your driveway will not be responsible for  any damage to their windows. Or something along those lines.

jonnydeppiwish!

I’d be tempted with the fencing, but in reality, I think they would be trespassing every time they open the window. Probably worth phoning you legal cover, or getting an experience solicitor to write a letter.

ProDave

I agree with the suggestion of a single fence post just in the right place for the outer edge of the window to hit it when they try and open it.

Schwarzwald

Install a billboard in front of the window?

Martin_the_Unjust

ProDave said:

I agree with the suggestion of a single fence post just in the right place for the outer edge of the window to hit it when they try and open it.

……and paint it bright yellow as it’s there to ensure no one runs into and damages the window 😉

ThisIsWeird

What was there before, Smith - fixed, unopenable, windows?
And are you 100% sure that the boundary runs along that wall, so that the windows do 'trespass' over your land the moment they are opened?
This is unacceptable, not because they might accidentally be damaged, but because it's trespass and - possibly stretching it - a statutory nuisance. 
I mean, could you place an object on this person's land or driveway that could hinder his progress, or even cause damage, whenever you felt like it, and expect to be allowed to do so? Of course not.
Your two options would appear to be 'legal', which is the best way, and if you have Legal Protection then go this route. But, if you don't have LP, and an initial (free) consultation with a property specialist solicitor indicates a potentially significant cost to you even if/when you win, then simply go the physical barrier method as suggested by others.
First make it clear to him, in a recordable manner, that this trespass over your land is completely unacceptable, and that he has until the Xth to permanently secure the windows closed.
NB, him just saying "Oh, alright then" and keeping the windows closed, even locked, is not good enough. It needs to be permanent, in a manner that he cannot simply override at will. For example, they need screwing or adhering closed from the outside where you can monitor this. If he doesn't agree to this, then it's barrier time. 
I suggest, do not leave this situation 'incomplete' in a manner that he could try and claim even a false 'easement' over time. Because, if he tries to do this, it might not be simple to resolve = expense and hassle. You need this sorted.
So, legal enforcement if it's affordable, or physical barrier if not. I'd also recommend CCTV covering the passageway.