"Right of way access"

Good evening,

Tonight whilst leaving for work I had an encounter with a neighbour. I have a VW campervan, which admittedly is a bit smelly on start up for about 2 mins till it warms up.

Tonight my neighbour came over to me shouting and screaming that he can smell it in his house, and generally being aggressive.

On a side note, I have a garage in a block, which he repeatedly blocks. I told him that if there is a problem I'm quite happy to put the van in the garage and manoeuvre in and out when required, BUT, I'll need him to leave me enough access to do this, to which he then started screaming at me saying "so you're saying it's my fault now then...?"

On my deeds for the property it's states that we have "right of way access" for the garage.

Right of way access to me is that when I want to park/remove my vehicle I should be able to, unimpeded.

Before I next speak to him, I'd like to be a bit a bit more clued up on where I stand. Is this something anybody could help with?

Comments

  • z1a
    z1a Posts: 2,522 Forumite
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    If that was how my neighbour reacted, I'd keep my smelly van running for as long as possible, as near as possible to his house.
  • C_Mababejive
    C_Mababejive Posts: 11,654 Forumite
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    He sounds like a bully,,tell him to !!!! off..
    Feudal Britain needs land reform. 70% of the land is "owned" by 1 % of the population and at least 50% is unregistered (inherited by landed gentry). Thats why your slave box costs so much..
  • The thing Is, it does smell for a bit, I'll give him that. But I don't respond to aggression (plus he's in his 70s, I don't want to be the cause of a coronary!!) So I'll always be calm, which seems to rile him even more.

    Plus if you don't want the fumes, the simple solution is to not block the garage and it will go in there. I personally couldn't give a monkeys where I park it, drive or garage.
  • sevenhills
    sevenhills Posts: 5,872 Forumite
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    The thing Is, it does smell for a bit, I'll give him that. But I don't respond to aggression (plus he's in his 70s, I don't want to be the cause of a coronary!!) So I'll always be calm, which seems to rile him even more.


    If the man is in his 70s, perhaps he is set in his ways, and will always not like the fumes. Could you put a pipe on your exhaust to direct the fumes away from people that might breathe the fumes?
  • Tom99
    Tom99 Posts: 5,371 Forumite
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    [FONT=Verdana, sans-serif]Usually a right of way is accompanied by a plan of the land over which you have that right of way.[/FONT]
    [FONT=Verdana, sans-serif]If so its reasonable to assume that the land needs to be kept clear of obstruction so that you can exercise your right of way.[/FONT]
    [FONT=Verdana, sans-serif]If your van is smelly is it going to pass the new MOT regs?[/FONT]
  • You'd assume that's reasonable, but my neighbour is anything but reasonable.

    Yep, it's literally 2 mins on start up then it's no different to another car. So by the time it's at an mot station its fine.
  • Davesnave
    Davesnave Posts: 34,741 Forumite
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    On my deeds for the property it's states that we have "right of way access" for the garage.

    Right of way access to me is that when I want to park/remove my vehicle I should be able to, unimpeded.

    Before I next speak to him, I'd like to be a bit a bit more clued up on where I stand. Is this something anybody could help with?

    If your title documents state there's a RoW, then it's illegal for anyone to block it.

    It's a civil matter though, so the police won't be interested unless you are trying to get the vehicle out, when, if the blocking vehicle is on a public road, it becomes a traffic offence.

    If you are continually blocked, send the guy a copy of the relevant part in your title docs, and if that doesn't work, a solicitor's letter probably would.

    However, if you are planning to sell at some point in the near future, beware that any dispute will need to be declared on the seller's info form. (TA6)
  • J_B
    J_B Posts: 6,430 Forumite
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    Just simply ....

    When you want to put your van in your garage and if the access is blocked, politely ask the person who is causing the obstruction to remove it.


    :)
  • maninthestreet
    maninthestreet Posts: 16,127 Forumite
    First Anniversary
    Tom99 wrote: »
    [FONT=Verdana, sans-serif]Usually a right of way is accompanied by a plan of the land over which you have that right of way.[/FONT]
    [FONT=Verdana, sans-serif]If so its reasonable to assume that the land needs to be kept clear of obstruction so that you can exercise your right of way.[/FONT]
    [FONT=Verdana, sans-serif]If your van is smelly is it going to pass the new MOT regs?[/FONT]

    If the van is pre-1975, it's only subject to visual inspection of the exhaust to check it's not producing excessive smoke.
    "You were only supposed to blow the bl**dy doors off!!"
  • Ectophile
    Ectophile Posts: 7,321 Forumite
    First Anniversary Name Dropper First Post
    MOTs are always done with the engine warmed up. So the vehicle can be as smelly as you like on cold start.
    If it sticks, force it.
    If it breaks, well it wasn't working right anyway.
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