Hi looking for some advice on behalf of a friend. Friends mum is 85 years old her neighbour is 28 . The latest dispute with them is that neighbour wants to use her mums path for access to his back garden for a delivery . This is not a shared path he has his own path which leads to his garden . He would prefer to use her mums as it's easier access. He has posted a hand written letter stating that he is using the path on Saturday and should she have a problem then she should contact a soliciter who he has named . Council have been of little help with one stating that she does not have to allow him and another saying that she will be in breech of tenancy if she doesn't . Please can anyone offer any advice on if she can deny him access .
What has the council got to do with it? Is the property rented from them?
She has a right to say no. He sounds charming (not).
I suggest she rings his solicitor and has a lengthy conversation with him (will cost the neighbour lots). Basically, he's given her notice of trespass. IIRC conspiracy to trespass is a criminal offence.
Can your friend be there on saturday? If they try to use the path, perhaps the police could be called.
Does he say why he wants to use her path, and what he will be using it for? Can she lock a gate?
Hmm, there seems to be a back story here ("latest dispute") but, yes, I would get your friend to phone the solicitor on behalf of her mother and just ask calmly what is going on. But being calm is the absolute key here.
Hi thank you for your replies . Friend has contacted soliciter who has had no dealings with this man . It seems as though he has printed letter himself and inserted soliciter name .
Her home is rented from local council and I believe his is bought . Issues between neighbour and her mother started a few years ago when he accused her of reporting him to rspca . When mother became upset and closed door in his face he then phoned police and said she had threatened him and his girlfriend . Police when arrived told young man that he really should be ashamed at causing the mother so much distress . Since then things have just gotten worse .
Friends mum is really beside herself , she has lived in same house for 50+ years and has never had any reason to fall out with any neighbour . Up until he wrongly accused her of contacting rspca she never had a problem with him , now she tries to avoid any sort of contact with him .
I think she should go down to her local police station. Explain that she feels vulnerable, show them the letter, and warn them that at the very least she anticipates having to physically restrain this man tomorrow. Surely the police would have a word with him?
Presumably also he intends to remove a fence between them. If it's a panel fence, has she got access to a large tub of superglue?
Post a note back saying you've contacted the solicitor to refuse access, and solicitor has never heard of him and told you he does not represent. Therefore, you are letting him know directly access is denied.
If he or an appointed third party attempt access, you will consider this continued harassment and call the police.
(police will not come out if you cite trespassing and tell you it's not a criminal matter).
Can someone be there on Saturday? Id normally say for the sake of good neighbourly relations let him do it but seeing as he's been horrible before and the way he's gone about it this time I can see why she doesn't want to.
Can your friend go and see him and explain that he's been a nob. That firstly it wasn't their mum who reported him to the RSPCA and also that if he'd just asked nicely in the first place she would maybe have said yes.
Thanks again for replies quick update . Friend posted letter stating that under no circumstances was he allowed to use path and soliciter he named in his letter had no idea of who he was. Friend mum woke up to another letter this morning . He has admitted that first letter was a letter he had made on computer , on the advice of council who apparently also told him to "just put name of a soliciter in ". He has also said that if she is wanting to take matters further , then she is too feel free to do so . Friend stayed at mums last night , delivery of wood was made at 8.00 this morning and neighbour used his own path .