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Neighbour dispute?

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  • moneyistooshorttomention
    moneyistooshorttomention Posts: 17,940 Forumite
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    We don't know how often he is doing this deliberate parking on a ROW? It sounds as if he knows very well one isn't allowed to park on a ROW - but is allowed to stop long enough to "load and unload".

    Two thoughts:
    1. Are you keeping a record of how often/how long/whether there is actually any sign of him really loading & unloading.

    2. If he persists with this and your records indicate that he is provably "taking the michael" - then I wonder if this might fall under the "Protection from Harassment Act"?

    I know a couple of my neighbours were playing up/trespassing etc for a while after I moved in here. I did manage to stop it eventually, but I did have in mind whether I might have to use that Act and/or ask a local PCSO to "have a word with them".
  • Davesnave
    Davesnave Posts: 34,741 Forumite
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    AdrianC wrote: »
    The current access is not restricted to foot. It is all purposes.
    Yes, I got that, but I thought it was only so far that it's wide enough, hence the problem.


    I could be wrong, of course.
  • AineS77
    AineS77 Posts: 25 Forumite
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    Davesnave wrote: »
    Yes, I got that, but I thought it was only so far that it's wide enough, hence the problem.


    I could be wrong, of course.

    He can't legally pass the thick black line on my map as that has no right of access attached. He is exercising vehicle right of access to the black line but to get to his door he needs to ascend some steps up the side of our house and then his own so it is only foot access to his front door.
  • AineS77
    AineS77 Posts: 25 Forumite
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    moneyistooshorttomention wrote: »
    We don't know how often he is doing this deliberate parking on a ROW? It sounds as if he knows very well one isn't allowed to park on a ROW - but is allowed to stop long enough to "load and unload".

    Two thoughts:
    1. Are you keeping a record of how often/how long/whether there is actually any sign of him really loading & unloading.

    2. If he persists with this and your records indicate that he is provably "taking the michael" - then I wonder if this might fall under the "Protection from Harassment Act"?

    I know a couple of my neighbours were playing up/trespassing etc for a while after I moved in here. I did manage to stop it eventually, but I did have in mind whether I might have to use that Act and/or ask a local PCSO to "have a word with them".


    Yes i am noting it down. Its on average 4 hours a day over past couple of months.
  • AineS77
    AineS77 Posts: 25 Forumite
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    My major question is if anyone thinks we have a case against either our solicitor (who was negligent in my opinion) or better still the creeps we bought our house from who blantantly lied to our faces and did not disclose what is clearly a major access dispute.

    At this stage we want to sell but we cannot sell anywhere near the same price and we would like to recoup the difference.
  • moneyistooshorttomention
    moneyistooshorttomention Posts: 17,940 Forumite
    edited 12 July 2018 at 7:29PM
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    On balance - you've got a fight on your hands one way or the other, whichever way you play it by the sound of it.

    So either you:
    - fight the vendor for compensation because they were a lying little toad

    OR

    - you fight this neighbour to make him back off and stop causing trouble.

    Out of the two - my guess would be that it would be "lesser of two evils" to deal with the neighbour.

    By the sound of it - as far as I can make out from your diagram - then I'm guessing any time he "sits" his van there pretending to be "loading and unloading" you could park a vehicle of yours (or a visitors - if your friends are brave enough) right behind him. He would be blocked in and couldnt get back out again.

    If he came to realise he was going to get blocked in at least a good proportion of the time he was playing silly b&ggers pretending to "load and unload" then I'm guessing that would put him off trying that one on again.

    EDIT; and there's also the fact he'd soon learn not to leave the windows on his van open if you happened to be "coincidentally" watering your garden with a hosepipe anywhere near those open windows.....
  • AineS77
    AineS77 Posts: 25 Forumite
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    moneyistooshorttomention wrote: »
    On balance - you've got a fight on your hands one way or the other, whichever way you play it by the sound of it.

    So either you:
    - fight the vendor for compensation because they were a lying little toad

    OR

    - you fight this neighbour to make him back off and stop causing trouble.

    Out of the two - my guess would be that it would be "lesser of two evils" to deal with the neighbour.

    By the sound of it - as far as I can make out from your diagram - then I'm guessing any time he "sits" his van there pretending to be "loading and unloading" you could park a vehicle of yours (or a visitors - if your friends are brave enough) right behind him. He would be blocked in and couldnt get back out again.

    If he came to realise he was going to get blocked in at least a good proportion of the time he was playing silly b&ggers pretending to "load and unload" then I'm guessing that would put him off trying that one on again.

    EDIT; and there's also the fact he'd soon learn not to leave the windows on his van open if you happened to be "coincidentally" watering your garden with a hosepipe anywhere near those open windows.....

    Haha! Thanks - we haven't been quite brave enough to do that though we have considered blocking him in!
  • Norman_Castle
    Norman_Castle Posts: 11,871 Forumite
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    edited 12 July 2018 at 8:20PM
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    AdrianC wrote: »
    The current access is not restricted to foot. It is all purposes.
    Some ROW will be for a specific reason such as emptying bins or historically, moving coal and some will be open to use for any reason or, all purposes. I wouldn't read that as implying vehicular access, just that there are no restrictions on how often or why the ROW is being used. Having no restrictions on why it is being used shouldn't change how it can be used.
  • Norman_Castle
    Norman_Castle Posts: 11,871 Forumite
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    Might be useful http://www.boundary-problems.co.uk/boundary-problems/frontpage.html
  • bouicca21
    bouicca21 Posts: 6,514 Forumite
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    Still a bit confused, his deeds give him different rights over the two sections? He has RoW for all purposes up to the black line, but pedestrian only for the remainder of the route to his house?
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