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Original poster

Access on to my property in Scotland

97 replies

Fitbachick · 27/02/2022 08:43

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.

OP posts:
OldTinHat · 27/02/2022 15:57

If you can't put up fences, what about large rocks at intervals so they can't drive over your property? Maybe concrete them in so they can't be lifted out, paint them white so they can't claim they've not seen them.

ItsDinah · 27/02/2022 16:02

Even if the damage to your car was accidental, you can sue them under the Small Claims procedure for the repairs including uninsured losses your car insurers did not pay out. Your house insurance or trade union membership may give you legal advice or representation. Complain to the local authority about Anti Social behaviour. Council can pursue an ASBO even if the damage was accidental. I see they use the front of their house as a drive and fenced the side boundary at rear of the houses. While it would be very galling, you might consider moving your drive to the current front garden of your house and then install planting or planters on your current drive to act as a boundary. Check with Planning Department.

Quangoquandry · 27/02/2022 16:04

I have no advice but you are not alone, I have the same issue and even put up a 6ft fence, they still come in the gate to access their property.

Fortunately they have stopped parking in our spaces but it is still very frustrating.

BritInUS1 · 27/02/2022 16:04

Do they own their house or do they rent?

MrsMoastyToasty · 27/02/2022 16:11

Do you know what I would do?
I would put fences up anyway. My DM lives on a 1960s housing estate and the rule is no enclosed front gardens and no caravans. Guess what? It's never been policed - most of the gardens are now enclosed and plenty of houses have caravans parked up all year round.

ChoiceMummy · 27/02/2022 16:23

@Fitbachick
If they're causing damage, then I would report online to the police. Just get the reference number. Then report to the appropriate insurer, eg car, household. Let them sort it out. You provide the evidence of the damage and cctv etc. Let them sort it.

If their premiums go up they may! notice that!

Leftbutcameback · 27/02/2022 16:32

Local councillors take on casework from people in their constituency, often your type of case where it seems “low level” but in fact is making your life a misery. They may be able to help, worth asking them.

Original poster
Fitbachick · 27/02/2022 16:58

@BritInUS1

Do they own their house or do they rent?
We both own
OP posts:
Butterfly44 · 27/02/2022 16:59

Either you apply for planning to put in posts for a fence - I have fence in tarmac it's not hard. Or you make a boundary - planters, pots, whatever there is to make a physical boundary. I'm not sure what you want anyone here to do. It's either the above or what? Going the civil route you would need to take legal action which costs money. What's your case - asking them not to go there again? It doesn't sound like that will happen from what you said so it'll be ignored - and police won't do anything. You're best off collecting evidence and taking them to court on the allegation of damages.

Original poster
Fitbachick · 27/02/2022 17:01

@ItsDinah

Even if the damage to your car was accidental, you can sue them under the Small Claims procedure for the repairs including uninsured losses your car insurers did not pay out. Your house insurance or trade union membership may give you legal advice or representation. Complain to the local authority about Anti Social behaviour. Council can pursue an ASBO even if the damage was accidental. I see they use the front of their house as a drive and fenced the side boundary at rear of the houses. While it would be very galling, you might consider moving your drive to the current front garden of your house and then install planting or planters on your current drive to act as a boundary. Check with Planning Department.
I have contacted the council to see what they can do. I am going to contact my mp and see who my councillor is and bring it to their attention. Will look into contacting my house insurance for help as well.
OP posts:
Original poster
Fitbachick · 27/02/2022 17:02

@Butterfly44

Either you apply for planning to put in posts for a fence - I have fence in tarmac it's not hard. Or you make a boundary - planters, pots, whatever there is to make a physical boundary. I'm not sure what you want anyone here to do. It's either the above or what? Going the civil route you would need to take legal action which costs money. What's your case - asking them not to go there again? It doesn't sound like that will happen from what you said so it'll be ignored - and police won't do anything. You're best off collecting evidence and taking them to court on the allegation of damages.
Did you do the fence yourself into the tarmac? If not may i ask roughly how much this cost. Problem i have at moment is planning are saying we cannot have a fence.
OP posts:
Original poster
Fitbachick · 27/02/2022 17:03

@Butterfly44

Either you apply for planning to put in posts for a fence - I have fence in tarmac it's not hard. Or you make a boundary - planters, pots, whatever there is to make a physical boundary. I'm not sure what you want anyone here to do. It's either the above or what? Going the civil route you would need to take legal action which costs money. What's your case - asking them not to go there again? It doesn't sound like that will happen from what you said so it'll be ignored - and police won't do anything. You're best off collecting evidence and taking them to court on the allegation of damages.
I was asking to see if anyone had gone down the civil route and what success they have had if any. Also what it involved. And the rough cost of it.
OP posts:
Original poster
Fitbachick · 27/02/2022 17:05

@Quangoquandry

I have no advice but you are not alone, I have the same issue and even put up a 6ft fence, they still come in the gate to access their property.

Fortunately they have stopped parking in our spaces but it is still very frustrating.

So sorry to hear this. It is absolutely awful, and a awful way to live.
OP posts:
Graphista · 27/02/2022 17:15

You seem very passive not only with the neighbours but with the useless police too!

Get onto your local councillor, Mp AND msp and KEEP bugging them until these arseholes are dealt with!

You need to be much more assertive than you're being at the moment.

Your language/tone is extremely passive!

Use your Mp etc that's what they are there for

wobbleinprogress · 27/02/2022 17:21

You own both?

Original poster
Fitbachick · 27/02/2022 17:29

@wobbleinprogress

You own both?
I own my property they own theres
OP posts:
Original poster
Fitbachick · 27/02/2022 17:32

@Graphista

You seem very passive not only with the neighbours but with the useless police too!

Get onto your local councillor, Mp AND msp and KEEP bugging them until these arseholes are dealt with!

You need to be much more assertive than you're being at the moment.

Your language/tone is extremely passive!

Use your Mp etc that's what they are there for

I have not been passive but just seem to get no help no matter what way i turn. Yes i would agree the police have been useless and i have told them this. I am going to find out who my mp etc is. I have contacted the council today so awaiting there response. But i will not be letting this lie. Thats why i have came on here asking if anyone has had experience of the legal route. When it is day in day out and i am by myself it is not easy.
OP posts:
Mistressiggi · 27/02/2022 17:46

Your MP won't be as useful as your local councillor - that is not the same as contacting the council just in case you think it is!
If you get a fence put up - maybe even a few posts and some wire - if someone reports it to the council and if they enforce its removal then you won't be worse off than before, other than the cost of the fence.

felulageller · 27/02/2022 17:55

I'd put obstacles in their path. Plant some trees/ bushes etc. A row of gnomes. Raid the garden centre.

The council should have an asbo team. Log everything with them.

Theunamedcat · 27/02/2022 18:21

Pop some green wire on your lawn and let the lawn grow around it from experience it will catch you unawares and you will face plant the floor

CombatBarbie · 27/02/2022 18:21

But in your planning permission you can state the reasons on your application. I'd list every instance you have a record of where damage has been done. Essentially you are protecting your property and land.

And I'd be inclined to put a wedge under the gate at the back if it opens into your land. Cheeky fuckers

CombatBarbie · 27/02/2022 18:22

Or put one of those big trellis planters against it

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