Access on to my property in Scotland

[Fitbachick]

First time poster i am looking for help with what the legal situation is with neighbours using my front garden and driveway to walk over to get to their property.
I live in Scotland.
Properties are separate with separate boundaries nothing in title deeds apart from if they need access to repair anything such as a fence they have to arrange with us.
Damage has been done to the cars on the drive by them.
Police will not stop them as they are saying they have every right to do this.

@Mayblossominapril

What can you legally (I presume covenants are the issue) put on your drive to deter them. Plant pots, an old car you don’t use parked right on the boundary. Dig a trench or two Contact your councillors/mp/msp Councils can’t usually enforce covenants. If it’s a planning issue you can apply for planning for a fence. If it goes to committee take all your evidence with you. Keep reporting everything to the police. Is anyone in your house disabled or another protected group? Label it as harassment It’s a long haul.

Have been to police a lot. Believe me. As they have caused a lot of damage. Speaking four figure sums of money. It is getting anything done as police just say neighbour dispute. As they lie and lie. Its never them or theres always an excuse for the behaviour.

Well then get your solicitors letter to include the value of the damage and if not paid within 28 days you then instigate small claims court proceedings.

You can still put fence posts in and patch the tarmac after.

You could also get massive pots, get them in place and then pour concrete in the bottom half so they are too heavy to lift, once the concrete has set you can plant in the top half of the pot.

So is their right to access the top of your drive to get to the lane at the back of the houses on your deeds? If not, I don't get why they would even have a gate.

Would something like this work?

You can put planning permission in for a fence and get posts that bolt to concrete or tarmac.
If you haven’t got planning permission for a fence and you put one up you would have to take it away. You may be granted planning permission and then a fence would be legal

Sorry posted too early, a planter with or without trellis forms a non-permanent boundary so council can’t object. You can place it on the tar drive., and a row form a boundary.

You say they’ve damaged your car, surely this is a police issue and it’s a matter of getting proof?

And do you have local councillors in Scotland?

@GinPalace2

Would something like this work?

Yes these are allowed anywhere surely - you can put them in the way and make it awkward.

So using your land as a short cut? They sound unhinged.

Do you have cctv installed? If not get that up, that will show the issues and help build a case for trespass.

If you can’t fence then there’s not a lot you can do to block them as such

Just solicitors letters advising no trespass then if they do damage stuff again the police can get involved as it’s criminal damage

I would seriously look at moving

Giant (but attractive) boulders along the bounday might work?

@Ginger1982

So is their right to access the top of your drive to get to the lane at the back of the houses on your deeds? If not, I don't get why they would even have a gate.

No they have no right of access over my property at all. The properties stand completely separate. They have put a gate on at the side of their property to give them privacy and security as they go down the side of their house.

@StrongTea

So using your land as a short cut? They sound unhinged.

Yes they are doing it to be nasty. And yes that sounds like a very accurate description of the behaviour we have been subjected to.

If they’re deliberately causing damage and the police are involved could it be persued by the police as harassment?

@Chloemol

Do you have cctv installed? If not get that up, that will show the issues and help build a case for trespass.

If you can’t fence then there’s not a lot you can do to block them as such

Just solicitors letters advising no trespass then if they do damage stuff again the police can get involved as it’s criminal damage

I would seriously look at moving

We can not move and are basically trapped. Also would have to declare all the problems we have had with them as they are serious ones. Estate agents have advised us that basically house is unsellable. Police have taken action but they just escalate. And yes have cctv and its on cctv

Is the triangle of grass theirs or yours? Theirs I presume. If not I’d plant on it.

But in any case I’d plant along your driveway and round the front of your garden or use pots with tall things or trellis.

Your house insurance should pay for legal advice

@Leftbutcameback

You say they’ve damaged your car, surely this is a police issue and it’s a matter of getting proof?

He admitted to police he damaged car but said it was an accident and police said nothing they can do as he says he is sorry!!!! Yes have counsellors here, but not sure how that we would be able to help

You should inform your insurance your cars have been damaged.

@SheWoreYellow

Is the triangle of grass theirs or yours? Theirs I presume. If not I’d plant on it.

But in any case I’d plant along your driveway and round the front of your garden or use pots with tall things or trellis.

Yes it is theres. If i plant round my drive i would not get car on it.

@Viviennemary

You should inform your insurance your cars have been damaged.

Insurance already aware.

Gin Palace's idea of planter with attached trellis is a good idea for putting along the boundary of drive. As is the idea of applying for planning permission for a fence. Sounds so unpleasant OP you have my sympathy

Plant a thorny hedge.

And a motion activated sprinkler.