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Any solicitors - right of access (foot and vehicle)

38 replies

flumpybear · 05/10/2018 12:23

Hi was hoping for some help. We bought a house years ago with access rights over part of our land that the neighbours can use - essentially they can't get u to their house or garage without the access right, this is fine with us

Our solicitors told us twice that the neighbours can't park on our drive as it's 'trespassing' albeit they've every right to cross over the top to get into their garage. We were also told that although they can use the pathway to get to their house/garden they can't leave things on it (bins, planters etc) because it's our land and they have only access - nothing else

New neighbor is now saying their solicitors have told him he can both park on our land all day if he wants to and leave bins, mobility vehicle, steps etc on our land - our solicitors day different

What's the legal approach here really? There's nothing other than 'right if access in x colour for pedestrian and y colour for vehicle
Thanks

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flumpybear · 05/10/2018 19:15

Nope we've had our property 12 years and then previous person had hers for 20 years before she died but both us and the previous owners of our home had the same rules about not parking on our land

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flumpybear · 06/10/2018 15:43

@CalamityJane10 - hi and thanks, yes they're both registered and we bought their information too and it says the same information about access to cross over the pathways by foot and the driveway vehicle access - nothing about stopping, parking etc ... nothing about 'full use of'

Am I rift in thinking that his solicitor ought to have contacted us or our solicitors regarding rights etc? He's said his solicitor is 'excellent' but am
Thinking he's just trying to get something he's not got

By the way he's only had the property about a year whereas we've been here 12. The previous owner didn't have a car so didn't park there

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Fiffyshadesofgreymatter · 06/10/2018 16:00

There is no point in arguing it out with him. He could be talking rubbish about what his solicitor told him as he thinks you will just give in, or his solicitor has information which you don't or is just trying it on.

Have your solicitor send him a letter to tell him to cease parking and explain what his rights actually are. If he wants to take it further, then he will have his solicitor reply. If he comes round to tell you off, just stick with the party line that he only has a right to cross over, not to park or use it for storing any of his property. Then tell him to speak to you about the issue through you solicitor. Either he will stop because he knows you don't let him away with it, or he will fight it but if what you've said here is correct then he doesn't have those rights, so don't worry.

hooliodancer · 06/10/2018 16:02

He has no right to block the right of way. You are servient, in that you have to allow him to cross your land. He is dominant, as in he has rights that you have to allow. Sounds like he has read about it and misunderstood!

Write him a letter. Have a look on the Garden Law forum, I think there may be templates on there.

flumpybear · 06/10/2018 16:13

Thank you - I've just joined garden law forum waiting to be approved so I can log in Wink

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Scoogle · 06/10/2018 20:43

If he has a right reserved over your land. It is a right to pass and repass but is not a right to park. We always tell clients this.

flumpybear · 06/10/2018 20:44

Thank you @Scoogle that's really helpful too

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flumpybear · 07/10/2018 08:16

@Scoogle one other thought, he keeps telling me to sell our property to him as it's worthless and the right of access are a burden to us, but can't see that his house is in a back foot as it were as he can't even get into the house without being on my land ... I guess it's just a way to get us to sell by trying to berate our home but just wondered what the professional perspective was ? Certainly from what estate agents values ours for (remortgage) compared to what he purchased his house for (albeit ours is bigger with more land) the difference is phenomenally positive in our favour £ wise ... needless to say we're not selling!

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Evidencebased · 07/10/2018 11:08

Neither of you are 'on the back foot'.
He's clearly got under your skin, talking about whose house is diminished in value because of the access situation. In truth, neither are. He's chatting shit, and is doing so because he thinks it will help him buy your house for a diminished value, or maybe because he just likes chatting shit. Discard. Ignore.

The access issue, however, is worth trying to clarify.
If the wording in your and his title registration is ' to pass and repass' - commonly used in these situations, he has no right to park.
You could check out the wording with a solicitor, to be completely clear on where you stand. I would not be asking the solicitor to write or take action, because 1. expensive and 2. not a good way to sort neighbour problems.

I would take anything on Garden Law with a shovel of salt - plenty of barrack room lawyers there, who may well give wrong info.

Don't take notice of what he says.
If someone parks on your land, ask them to remove the car. If you can arrange it so that them have to move for you to get your own car out, you'll invent a need to go out in your car every 20 mins, until they get the message.
Don't argue with anyone. If needed, send a written letter to the owner and also the occupier, quoting what's in your registration, and why they are not allowed to park..Be clear, brief, and polite.

Still problem,( but there almost certainly won't be), another letter, saying you have received legal advice, but hope to resolve this without legal escalation, and restate your position.

Always keep copies of letters. Always stick to one point, and write as if it might be read out in court-martial clear, polite, firm.

Nearly everyone who threatens others is a bully. Bullies back down if they don't get a 'victim' response.

ZenNudist · 07/10/2018 11:21

I have had issues with my ndn about use of a shared drive. It's not nice having conflict on your doorstep.

I take the Softly Softly approach I don't think wasting money on a solicitor's letter is quite right quite yet. First of all go around with the deeds with the relevant section highlighted. Tell him to seek his own legal advice as currently there is nothing in the deeds to suggest what he is trying to say.

In the meantime take the PP advice and get him to move his car every time it's on your drive. I think blocking him in is also a good idea but difficult to do effectively as you might find that he doesn't need to go out before you do.

Asking him to move his car at unsociable hours as well just to cause maximum inconvenience is a good idea. As for him asking you to sell your house to him just say it's not happening and repeat.

I try and take a diplomatic home with him as you do have to live with him. But stand your ground and don't let him Park.

Keep a record of all the times he parks as evidence if it does go to court you could even install CCTV trained on your own land. As the PP said you could have entially seek a court injunction but this will be very expensive hopefully it would start at letter before action stage where it's made apparent to him that you will be seeking costs if it comes to that.

The law is on your side but it's very difficult to enforce and very stressful and very costly. Better to just take him to task by making him move his car.

ZenNudist · 07/10/2018 11:22

Another suggestion might be to install a gate so that you can drive in but not him would that work? If he could still access on foot by a side gate but you had an electronic key fob that let you in via the car gate. It's a costly way to do it but it could ensure peace of mind.

flumpybear · 07/10/2018 11:42

@Evidencebased thank you - I'll not bother with solicitors letter at present as I'm sure it's not changed since our last letter 10 years ago

Checking the land registry it says
Subject to the right of way for the benefit of the owners and occupiers of of the adjoining property xxxx along the pathways coloured yellow and vehicular access over the drive way and forecourt coloured in blue for the benefit of owners and occupiers of adjoining property

That's all

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flumpybear · 07/10/2018 11:46

@ZenNudist thanks but we can't block his access I'm afraid

To be honest it's not really a problem as he's rarely there and I haven't seen him park there for a long time (not sure if he has or hasn't recently - I think it's just the fact he's convinced he does have this accessibility to park

I'm going to bring it up again if he emails again but this may be over as I've said he's wrong and perhaps we'll have to agree to diasagree Hmm

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