RichieST

iTrader: (2)

Hi all

Got a bit of a gravelled area out the front of my house that I park my car on. Basically next door have had a bit of a moan that I have to drive infront of their window (about 3ft away) and drive 2 wheels across the edge of the paved bit infront of their house.

I know I am crossing their property, but are they legally allowed to stop me if I am accessing my property? Its not as if my car is parked right infront of their house or anything....

Thanks
Rich

Lambchop

iTrader: (1)

pics would help...

Oranoco

PIcs would deffo be of help

paceo

iTrader: (5)

yeah put some pics up!

Adrian4975

Things like easements (rights of way) should have been picked up during the searches carried out when you were buying your property. Perhaps you have the relevant documents and can check. Other aspect lawyers would pick up on is that rights can be established by long-term behaviour. If this access has been used for years, decades even, without complaint, then it's very difficult for anyone to argue that you don't have a right to it.

project rs

yes they can stop you as unless it's in some sort of document that you have a right of access through there property then your stuffed, you wouldn't like someone on your property

Adrian4975

Other thought is, is it definitely on their property? Some territorial property-owners believer their domain extends beyond where it really legally does, such as thinking the footpath is theirs when in fact it's usually public property. This can still be the case even if their front door closes only inches from where the footpath begins such as in some terraced streets without front gardens.

RichieST

iTrader: (2)

Thanks all for your help, will get some pics later.

Thing it tho it used to be a shrub garden before, i've since gravelled it over so I have room to wash the car etc as my driveway/garage is too far away for a hose to reach. Just gets on my tits a bit really, she smokes right outside her back door so it always stinks in my garden and into my kitchen if the back door is open, she's got the biggest gob in the world and a laugh like janice off friends! I don't moan about that, so why does she moan about 6" of my tyre going across the edge of her paving

Nash_mr2

keep doing it till she does something about it....which to be honest....will be nothing.

if she does do something about it then you do something in retaliation, tell her to stop smoking out her back door.....seen a porno where that happens, was quite interesting

Chip

iTrader: (3)

IMHO, you havent got a leg to stand on.

Given that it was a shrub garden before, its HIGHLY unlikely that the deeds of your houses detail access by vehicle to that shrub garden.

Id start seriously buttering her up the right way if I were you.

If she wants to be a cunt, she'll wait till you are in your gravel with your car, then put some "decrotive" 1 tonne boulders on her property, and your car will be stuck there forever

Rax

iTrader: (1)

pics would definitely help but i would be careful coz if it is next doors boundary you are crossing i suppose they are legally permitted to erect some kind of fence or plant stuff if they are pissed about it.

Ridgey

iTrader: (5)

Can you not modify the front of your garden so you can access properly, eg, shortening a wall or something ?

JLStretton

RichieST

iTrader: (2)

Not really, its access is off the road up the dropped kerb at the end of the pavement, across the pavement and slightly onto her land, then into my gravelled bit. I'll draw a picture, can't find my camera anywhere, think the mrs has been tidying again

DanW@FastFord

iTrader: (1)

I lived in a house where I had no 'legal' access to any of it (The pink box was the car park and the pink line is the private road) But I did have an 'uncontested right of way'. Basically if no one's complained about you using the a route for a certain amount of years then you can use it.

RichieST

iTrader: (2)

Right, yellow bit is her land, red bit is mine, blue bit is dropped kerb, and green bit is where i park my car.

I have looked into it a bit more, and legally it seems that she can refuse it, but just seems a bit hypocritical to me

RichieST

iTrader: (2)

cheers for that dan, any ideas how many years it is?

Thanks
Rich

Chip

iTrader: (3)

Why is that hypocritical of her, unless she drives across your land reguarly?

Get the kerb lowered by your bit

Adrian4975

Yes exactly the kind of thing I was getting at. And if there's no documented complaint, and these are only verbal complaints, then they don't really have much weight in this regard, well evidentially anyway if it comes to legals. If this woman was a bit more informed / switched on, she'd make sure to get it in writing.

I had a similar problem years ago with a lease on a flat. There was a clause that stated that it had to have "appropriate" floor covering to minimise disturbance to neighbours below. I lived there for 4 years with a combination of hardwood floors and tiled floors with no complaints other than a couple of verbal ones in the first few months. The same neighbours lived below throughout. Then when I sort of fell out with them a bit for other reasons they told the freeholders to take action and enforce that term of the lease about floor covering because they thought I had unsuitable floors.

They attempted to fight me legally. My lawyer drew attention to the fact that there had been no documented complaint for all of those four years and the floor covering hadn't changed. Hence it was suitable floor covering to minimise disturbance. They gave up.

tsutton

Picture tells thousand of words.

Legally, she's in the right and you can't go over her land.

What about putting a piece of wood next to the kerb, so you can go over it?

Oranoco

Speak to your council and request a drop kerb.

PAUL S

iTrader: (8)

why dont you just apply to highways and put a dropped kerb right outside your house - simple enough to do, or even make some small ramps on the edge of the existing kerb

All she has to do is put a fence up on her part and your knackered anyway

5t1g

Pain in the arse to get a dropped curb, you've got to pay for a licesen which expires in 6 months then use a builder with £10mill worth of public liability insurance!

I'd try settle this face to face with the neighbour if you can. Bottle of wine, sweet treats etc

Chip

iTrader: (3)

ALSO, you are driving ALONG the pavement there technically, for which you could probably be prosecuted if she got some right arsey copper on the case!

You really do need to be making this bird your best friend in the whole wide world IMHO

Ridgey

iTrader: (5)

Hmm.

Does look like YOU need to sort out getting the kerb by your property altered.

I'm sure you can request and pay the council do you a dropped kerb on the basis of you otherwise parking on the road. No idea how much this costs though.

Can't blame her for not wanting a car driving right past her window, i wouldn't either.

matts1

Rich, looking at that picture, it looks like you come up the drop kerb, along the pavement across her land and onto yours.

basically, NO CHANCE, don't think you would legally be allowed to drive along the pavement let alone her land.

What is to the right (looking at the picture) of the red area - a wall?? can't you take some down as mentioned?

Or, have a drop kurb put in to the right of where you park your car (looking from above) so that you drive straight on???

my advice, keep it civil, maybe offer her a bung to be able to do it, get it in righting.

ie for the next five years you have permission to pass over that bit of her property, but this will be non transfereable, ie, you move it is not carried onto the new owner of the property?

Chip

iTrader: (3)

Getting her agreement wont help much if the access is still illegal in terms of driving along the pavement!

Oranoco

The council grant you permission to cross the footpath and their land (Highways maintanable). Get a drop kerb in or the council and the police can cause yuo a load of hassle. Especially if your neighbour gets snotty and complains. You could find you get back one day and bollards installed to prevent you doing it. We had a case locally where a bloke kept driving over a verge to get onto a non agreed driveway. He kept doing it depsite warnings so wooden bollards were installed and he was forced to get the drop kerb and bollards removed at his expense.

DanW@FastFord

iTrader: (1)

The uncontested right of way was for 5 years IIRC, but when we bought the house we got the previous tenant to sign a declaration to that effect which covered our arse.

It does seem that the dropped kerb is the best option. I presume it depends on the council, as BANES council did one pretty much straight away when we asked for one for a garage. Definitely worth investigating tho'!

RichieST

iTrader: (2)

ok thanks all for that. A dropped kerb is one way round it, I have looked into it, the council will do the legal side for free as long as i use one of their recommended builders, which must have insurance for 2million, so that isn't gonna be cheap. To the right of the red area is some small bushes and the pavement, no reason why the dropped kerb couldnt go in there i suppose. I will look into it more!!

Or i could just park my car right outside her front window on the road, fook all she could do about it then

I will get a piccy later just to show it a bit more clearly!

Thanks all

DanW@FastFord

iTrader: (1)

Not really - Any good builder should have public liability insurance, if they don't then you don't want to be using them anyway. May work out cheaper than you expect. It's worth ringing round a few and getting quotes. Times are hard for many trades, so someone may do it cheaply to get the work.

dojj

iTrader: (3)

ealing council charge between £250 and £800 to drop a kerb so depending if you can actually get the permisiso to get it dropped, get the counil to do it for you

if it fucks up in a few years they can come and sort it
at least it's going to be done and you won't have to share dobily fluids with the smouldering haridan from next door

5t1g

wish my council where like that, feckers want £80 sheets just for the paperwork to apply for the license!

fraser9764

iTrader: (3)

the bloke next door but one to us is in the process of sorting a dropped kerb, he has a small grass verge to cross/remove aswell but i'm sure its costing him well over £1k
edit: cheshire BTW

orion_crazy_carl

iTrader: (3)

my next doors cost them 800 quid for a single drop,we gota pay 110 for planning permission and thn 1300 for a double drop,robbin fookers

BlairM

£2million public liability is what my work have, I price out loads of jobs so thats how I know, and thats the very basic insurance, knowing my boss it will be!

pee vee

cant you just drive a bit better and not touch her property?

my guess she is a 50+ year old who moans at any-fukking-thing, rich??

people like that boil my piss!

RichieST

iTrader: (2)

Nah she's 27

She was saying earlier how 'Ive worked all my life' (at 20 fucking 7), and how she doesnt work any more cos she's just basically a lazy whore Wanna come sort her out phil?

I could do it without driving over her land, but that would mean jumping up and down a raised kerb, and my suspension aint gonna take too kindly to that

pee vee

27 and shes worked all her life to complain about 6" she only occasionally catches


sounds about right

fuzzy

either drop the kerb for about £450 or bump up the kerb then tell her to fook off. if i had the tiny yellow bit of land and my neighbour had the big red bit id also be pissed off about him driving over my bit. youve got enough space there to avoid the issue in the first place.