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Help please, I think I am going to explode....

empy Posts: 325 Forumite

13 April 2008 at 1:17PM in House buying, renting & selling

Good afternoon all , I cannot believe I am having to deal with this after a nightshift and just two hours sleep :mad: here goes...
In aug 2005 my husband and I bought a building plot, the plot consisted of two halves registered seperatly, along side the plot runs a farm track about 100m or so,this gives us our access to the our back garden shed and storage compound. We have right of way over this track as has our neighbours, it is in our deeds.
We had a visit from the farmer this morning who owns the field behind us, he is now saying we do not have right of way over the track and he wants to put a gate at either end and a barbed wire fence all the way along boths sides and keep sheep on it.
We have had a couple of issues with the farmer such as him trying to claim we have built over the boundary etc, but that had been resolved. Now we have this issue, he is saying that he is going to put up his fence tommorow. I have checked the deeds and they say that we definatly have right of way over the track.

so my question is , Does he have anyright to do this if it says in our deeds that we have right of way?

I cannot believe I have to deal with this toaday, my husband and I have had such a carp year so far with a son being diagnosed with ASD, giving a family a home who were going to end up homeless and them trashing the place and floooding it and now this, I feel so wrought and depressesd.

can anybody help? I am sorry if this is on the wrong board please feel free to move it to an approriate board.

empy

OS Grocery Challenge
August £250/ £103.44 left

Comments

danielle24 Posts: 169 Forumite

13 April 2008 at 1:21PM

You poor thing! I am not an expert, someone else will be sure to be along soon to help, but I hope your year gets better - your bad karma should run out soon!

Got £820 back from HSBC! Now entering comps like mad with the hope of winning a nice long holiday....
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jtb2412 Posts: 1,782 Forumite

13 April 2008 at 1:26PM

Have you shown him the deeds? If not, it might be a good idea to show him them and say that if he continues to erect a fence/gate etc you will be seeking legal advice immediately and also be seeking compensation at the same time.

Tbh, he probably knows he can't do it and could just be doing it to wind you up. Important thing is (easy for me to say I know) to remain calm. I've worked in solicitors previously for several years and have seen no end of boundary disputes made worse by people getting angry. I know it's not easy to remain calm when it's not you at fault, but things can get very nasty indeed when it escalates (have seen people up on assault charges due to boundary disputes before). It will help your cause if you can stay focused.

Sorry i've rambled a bit but hope you get it sorted. Just wait and see if he puts the fence up and then take it from there.

Edit: Forgot to say that if you have right of way over the land he has no rights to prevent you from accessing that right which he would do if he were to erect a gate.

:jWeight loss to date 1st 11.5lb :j

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Benny24 Posts: 333 Forumite

13 April 2008 at 1:28PM

Photocopy the deeds first, and show him the photocopied version.....just incase he gets teasy and in a fit snatches them off you, you'll still have the originals!

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empy Posts: 325 Forumite

13 April 2008 at 1:40PM

many thanks danielle,jtb2412 and benny I didnt deal with him thank goodness,my husband did who is the calmest person ever, despite being a teacher and a nurse I would have reacted quite differently.
I dont think he is trying to wind us up though, he has been known in the village to do this sort of thing before. What makes me laugh is that he is a supposed christian, yet feels the need to come and pester people on a sunday of all days and cause trouble, an as he is also quire elderly I would have presumed he would have known better then to disturb people on a sunday, oh well... some people ummmm

OS Grocery Challenge
August £250/ £103.44 left
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empy Posts: 325 Forumite

13 April 2008 at 1:41PM

sorry for the spelling mistakes etc, I am so tired and have tons of planning to do yet.

OS Grocery Challenge
August £250/ £103.44 left
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devils_advocate Posts: 447 Forumite

13 April 2008 at 1:41PM

There's a section on boundary disputes, and one on rights of way, on http://www.gardenlaw.co.uk/phpBB2/index.php

I can spell - but I can't type
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Nenen Posts: 2,379 Forumite

13 April 2008 at 1:45PM

:eek: Just what you need!!!! (not) So sorry to hear about this... hope you can resolve it without too much angst.

I'd certainly agree with jtb... it's imperative to remain calm. I also think Benny is spot on too... photocopy the deeds to show him rather than let him anywhere near the originals!

Perhaps (as you are obviously tired after your night shift) you could ask a kind friend or neighbour to deliver a copy of the deeds to him with a 'sweet' note saying you do hope this clarifies the situation as you'd hate to have to bother the police on a Sunday! If he does try to erect anything I wouldn't go and speak to him yourself... things might well get out of hand. I'd phone and ask the local police for advice... explain that you are being intimidated as a woman on your own with children and/or the lack of access will make things very difficult for you if there is an emergency with your disabled son. If they can't/won't help you then contact your solicitor first thing in the morning.
Let us know how it goes and good luck

“A journey is best measured in friends, not in miles.”
(Tim Cahill)

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teabelly Posts: 1,229 Forumite

13 April 2008 at 2:26PM

Show him the deeds and that you have a right of way so he will have to fence in his sheep in such a manner that the right of way isn't blocked or obstructed so he'll have to run fences either side of the right of way and essentially have 2 fields (assuming he owns both sides of the track) . Then tell him if he persists in causing you unnecessary upset and inconvenience you don't think it is very Christian of him. Tell him you think he won't go to heaven and God will hate him and give all his sheep nasty diseases for being so mean rather than being a true Christian and showing tolerance for neighbours who have rights of way.

Alternatively ignore him and just leave the gates open continually as they are causing an obstruction..... might sort him out and give you a never ending source of lamb chops as sheep will be continually run over or stolen if left to roam free

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wymondham Posts: 6,356 Forumite

13 April 2008 at 2:59PM

empy wrote: »

son being diagnosed with ASD

sorry to hear about all your troubles etc, but just to say our son has ASD and it does get easier with time as you and he develop....

best wishes..

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redcar_2 Posts: 631 Forumite

13 April 2008 at 3:17PM

If he is sure you don't have right of way why was he coming round to see you. From what you say he hardly sounds like the type of neighbour to drop in just to 'keep you in the picture'!

Sounds like he is trying to wind you up. As above try to stay calm or you will be giving him what he wants.

Try to do things in writing as this will help you avoid a confrontation. I find recorded delivery letters have a good effect too in conveying to people that you mean business.

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