Foxhateram Posted 10 May 2015 Posted 10 May 2015 Hi everyone, I was wondering if anyone had any advice on this issue; Our property is situated on a brand new estate but the culdesac we are on is separate to the rest of the estate and the road that our houses is on is classed as private and not adopted. Our deeds and Land registry documents show that we own an area of the road that is directly in front of our property and then across to our drive which is on the other side of our neighbours drive. (See attachment) Anyway, our neighbours keep parking behind their drive which as you can see from the document does not belong to them. This is causing us issues when we have visitors as we park there and then let our visitors park behind us on our drive (All our land and doesn't prevent them access to their drive) The green areas shown are areas where neighbours are given shared access only and the red area shows the area in which we own as part of land registry paperwork. Is there anything we can do to stop them parking on OUR LAND? We have got legal advice and have been told to erect a polite notice with legal heading paper. Just wondered if anyone else knew where we could go from here if they continue to park there?
Guest Posted 10 May 2015 Posted 10 May 2015 Have you tried speaking to them? After that it starts to get nasty.
Foxhateram Posted 10 May 2015 Author Posted 10 May 2015 Yes FIF we have spoken to them on numerous occasions. The Dad who often visits is the worse, his vehicle is massive and is starting to leave obvious signs of wear on the paving where he parks his car. Today we parked in front of our land to try and prevent them from parking there, they just parked in between our cars and blocked in both of our cars.
David Hankey Posted 10 May 2015 Posted 10 May 2015 There should be an outline of your property at the Land Registry depicting all borders. Once you have satisfied yourself of where those borders speak to them and dependent on their response take the matter further. Boundaries are a constant source of neighbour complaints but tthe Land Registry plan should clear up any perceived grey areas.
David Hankey Posted 10 May 2015 Posted 10 May 2015 Yes FIF we have spoken to them on numerous occasions. The Dad who often visits is the worse, his vehicle is massive and is starting to leave obvious signs of wear on the paving where he parks his car. Today we parked in front of our land to try and prevent them from parking there, they just parked in between our cars and blocked in both of our cars. Having spoken to them an not received a response that you feel is amicable write to them and if necessary seek legal advice. But make sure you are on safe ground before you do, hence, the importance of the Land Registry plan.
Foxhateram Posted 10 May 2015 Author Posted 10 May 2015 David we have the land registry documents, they are attached above. We know that the land falls into our boundary, it clearly shows it. The reason we have that part of the land is because of the positioning of our drive which is on the other side of their drive.
David Hankey Posted 10 May 2015 Posted 10 May 2015 David we have the land registry documents, they are attached above. We know that the land falls into our boundary, it clearly shows it. The reason we have that part of the land is because of the positioning of our drive which is on the other side of their drive. I see things very much in black and white. As this area of land falls into your boundary I suggest you take a copy, attach it to a letter and send it to them. Give them 14 days to respond and if you're still not happy with their response go legal. It cannot be levelled at you that you have not tried to settle the disagreement amicably.
Vacamion Posted 10 May 2015 Posted 10 May 2015 Can't see the attachment on my phone. Could you fence off your land and put a sign on saying "private property"?
Guest Posted 10 May 2015 Posted 10 May 2015 Yes FIF we have spoken to them on numerous occasions. The Dad who often visits is the worse, his vehicle is massive and is starting to leave obvious signs of wear on the paving where he parks his car. Today we parked in front of our land to try and prevent them from parking there, they just parked in between our cars and blocked in both of our cars. Sounds like it's going to be nasty. It's a long while since I've had dealings in England with this sort of thing - thankfully not my own property. It's normally an expensive and lengthy legal process for something that shouldn't be and even then the reality is they will continue to abuse the situation and find other ways to be awkward. You need to get professional advice but don't get your hopes up that it will really solve anything.Sorry.
VLC86 Posted 10 May 2015 Posted 10 May 2015 Stab him Bit extreme, I would go for something a little more civil and smear dog shit under his car door handle. Failing that I recon stabbing is perfectly reasonable. I obviously don't just in case you have psychosis.
Stadt Posted 10 May 2015 Posted 10 May 2015 Bit extreme, I would go for something a little more civil and smear dog shit under his car door handle. Failing that I recon stabbing is perfectly reasonable. I obviously don't just in case you have psychosis. I'd forgotten I'd posted that, pissing myself now even though it's not funny
Foxhateram Posted 17 May 2015 Author Posted 17 May 2015 Ha we have now been rejected by neighbours on the street. I went and oke to our neighbour who keeps parking there again the other day, showed him the documentation and the wording of any convenants that apply and he is still saying that the red lines on the land registry document only show areas you are responsible for and a the green shaded area is "shared access" which he is taking to mean free for anyone to use. Despite in the documentation in his deeds as well as mine it clearly states that the green shaded grants "the right at all times with or without a vehicle to pass and repass over and across that part of the access driveway shown coloured green" in my head that means get to your drive and don't bloody stop!
Strokes Posted 17 May 2015 Posted 17 May 2015 Ha we have now been rejected by neighbours on the street. I went and oke to our neighbour who keeps parking there again the other day, showed him the documentation and the wording of any convenants that apply and he is still saying that the red lines on the land registry document only show areas you are responsible for and a the green shaded area is "shared access" which he is taking to mean free for anyone to use. Despite in the documentation in his deeds as well as mine it clearly states that the green shaded grants "the right at all times with or without a vehicle to pass and repass over and across that part of the access driveway shown coloured green" in my head that means get to your drive and don't bloody stop! I think its reached the point where you need to just give him a slap.
Guest Mickyblueeyes Posted 17 May 2015 Posted 17 May 2015 Recent case law on this which is quite worrying for lamd owners.... Anyway, from a legal standpoint: 1. Get the signs up promptly, followed by letters to the offenders (be it your own or from a Lawyer) advising them that this is your land and they have no right to park there. 2. Being your land you can fence the area up to stop them doing so. 3. If they continually offend, they are trespassing - the police can be called - make this the last choice - as after this it's likely to be pre action at the land tribunals - very costly. Point 1 is a must - by doing nothing - can lead to a easement being created (takes ten years) but that will add up very quickly.
Guest Mickyblueeyes Posted 17 May 2015 Posted 17 May 2015 Oh and a final point... I haven't read the wording of the covenant as the site will not allow me to open it. However, given your wording in the post above it is a right of way I.e shared access to go across - NOT to use as you see fit. I assume the right of way is granted by a deed? Their will be two parties to that deed - one marked as (1) and the one marked as (2). The one marked as (1) is the owner of the covenant and the grantor of the right of way - all responsibility actions and more Importantly, breaches are against them. Assuming that the deed is quite recent - given the facts the owner of the deed would be quite easy to track down - which means your neighbour is breaching the grant of rights - get in contact with the grantor with pictures (should they continually abuse the position, after the signpost/letters go out) and ask them to get involved - your neighbour could get hit with a heafty legal bill and again I'm assuming here given that most deeds will indemnify the owner should either party breach the right. Now (caveat alert!!!), have the deed correctly read as a breach could affect house prices - more so for your neighbour as their is a liability on their part - make sure it can not affect yours as well. As any potential buyers solicitor will ask if their hs been any breaches. Given that, it's likely if your neighbour continually pros over the land it can affect your house price anyway as the reality differs from the legal right of title. I hope the above makes sense as I'm typing with one hand while feeding my kid!!
Strokes Posted 17 May 2015 Posted 17 May 2015 Mickey blue eyes, you don't recommend a punch in the chops then?
Webbo Posted 17 May 2015 Posted 17 May 2015 I've got a friend who is going through something very similar, a dispute with his neighbour over a drive. There has been fisticuffs, he's been to court once, acquitted, and his neighbours are due in court next week. They've signed behaviour contracts, his neighbours have been issued with restraining orders, the police are there virtually every week and yet it still goes on. My advice would be to try and make peace with your neighbours because the legal remedies aren't worth the paper they're written on.
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