Spitting blood - neighbourly dispute - advice please!

[Dophus]

Sorry this is a little bit long but I really don't know what to do and I am losing sleep I am so mad.

My neighbour had just put a locked door barring access to a communal storage area and refuses to give us a key. He used to live in our house and starting using an old oil bunker as additional storage for wood and coal in the eighties. He moved from our house about ten years ago to the house next door and continued to use it. When we moved in, we asked other neighbours who owned the bunker told no one so we started to use it to store our coal and wood in. He has asked us a couple of times to remove our belongings and we have refused. By his own admission this does not appear on his deeds as his property. Over the weekend he put a solid locked door and won't give us a key. DP challenged him and he says he has 'prerequisite rights' as he has used it since the 1987.

My question is whether such a thing exists. AS far as I remember from our deeds the bunker is communal property between the five properties that share our area of the estate. We are prpeared to take legal action but obviously don't want the stress and hassle if he is in the right. Does anyone know if it's worth seeing a solicitor? Any advice to give?

The man is a miserable bully. Our garden is situated some way away from the house so we have no convenient storage. We are happy to share and do not claim ownership.
All we want is somewhere to store fuel for the fire and, int he future, DS's bike.

Definately not telling the whole truth on the other site! From what I can gather, he would only have prerequisite rights if no-one else had attempted to use the bunker in those years. Also, I suspect that they would only apply if he had not moved house (ROW apply to the house, not the owner IIRC). May be worth contacting CAB for advice, & also check whether you have legal cover on your insurance, they may also be able to give you advice. You should check your deeds carefully though. Only thing that may go in his favour is if he has been using it solely for 10 yrs at his current house - then he may have a case

This one , Freckle.

(Other link had one if those intrusive www.mumsnets in it)

Thanks, JanH. He's being a little economical with the truth, isn't he?

Dophus,
I had a flick through the site as my MIL is having fencing problems (sadly it confirmed MN's view that there is nothing legaly we can do) and I noticed that there were a few cases where both sides have started threads.....

Maybe you should start your own thread, with all the details? If you get enough replies agreeing your case, it might make him think again? So far he seems to be johnny no mates on there.

advice given to him suggests that the owner is whomever owns the land above. Now I need to find out who that is.

I can;t decide whether to go in as observer or post my own thread. Hmmmm

He's saying that you are objecting to his use of the store, Dophus! And implying that he has had the key and sole use of the store for 18 years. And describing you as "newly arrived".

"Adverse possession" sounds a very dodgy concept - seems to imply that if you can put a lock on something you can keep it?

I would be very tempted to post as an observer and ask some leading questions - eg "private estate", how many houses? Has anybody else ever used the store? Is the bunker - sorry, "disused petrol store"! - mentioned on his deeds?

He says the vendor of his house (ie what is now your house?) gave him the key - in that case surely when he sold that house the key (or rights to the store) should have come to the next owner?

What is above the bunker?

Dophus,

If you want to find out whether land is registered with the Land Registry a good first step is to submit a Search of the Index Map (on form SIM). This is a free service provided it just covers a small area (10 or fewer registered titles). It will help if you can provide a plan of the land you are interested in - Land Registry plans are based on the Ordnance Survey maps so if your plan was based on the OS it will be easier for them to locate, failing that a well drawn plan may do. The Land Registry should then provide you with a plan showing what land is registered and what (if any) is unregistered. It will quote the relevant title numbers and from here you should be able to decide what you wish to order as regards Official Copies of the Registers or Title Plans (use form OC1 - £4 per register, £4 per title plan). The register will tell you who owns the land, what rights exist over the land, any restrictions on what you can do with the land, mortgages over it etc. The title plan shows the physical extent of the registered title. The register may refer to other documents as being filed - you can also get copies of these (on form OC2). Make sure you submit your application to the Land Registry who deals with your area. To claim adverse possession one would have to be in sole occupation for at least 12 years, unchallenged. Doesn't sound likely in this case - if he tried to apply for this the Land Registry would probably go out to inspect the area and then serve notice on adjoining owners who could then raise objections. Hope this is useful - good luck.

Just caught up with this thread. Have you seen his latest post, Dophus? Apparently the management committee are going to give him a licence for sole use!

God, I really don't like this man and I don't know him! I imagine him as short with balding hair, greying, and a moustache, and a very serious miserable face. I hope you sort something out Douphus. Poor you.