Any legal eagles around?

[wilma-bride]

We are having problems with neighbours and wanted to confirm our/their rights, if anyone can help.

Basically, the problem is this: We live in a mid-terraced house (middle of 3). We have a car port which is situated to the far right of our next door neighbour's car port and we own the land which goes out along the front of our property and in front of our car port (shown on our deeds).

The people who own the house on the other side of our car port/driveway have their rear access to the side of our car port and we have always assumed that they have some kind of legal ROW over our land. However, they are constantly dumping things to the side of their house - breeze blocks, wood, building materials etc. Quite often, if they have visitors, their visitors will park on our drive as well. When we ask them to move, they do but are always quite unfriendly about it.

Yesterday, they had a whole lot of building materials delivered and were about to have it all dumped on our driveway. Luckily came home and realised and told them they couldn't put it there. The old woman started kicking up a fuss so I dug out the land registry documents and showed her and explained (quite reasonably) that it was our land and they shouldn't really be using it. We agreed they could leave some of the stuff there while they were building the conservatory as long as they didn't block our access to the drive/car port.

Today we have been out and come home to find they are mixing cement on our drive We spoke to them about it and they said it was fine as they would clean it up afterwards. We have ended up telling them to move it all and clean the drive and told them that, from now on, they are not to keep any of their stuff on our land.

However, we are now asking ourselves whether we legally have to actually allow them access to their rear gate and, if so, where would this be written/recorded. We have all the contract papers/land registry stuff but we don't speak the legal jargon so it's quite hard to understand

Also, should we formally write to them just to ensure that it is recorded in some way that they are not to put/store anything on our driveway?

Any help/advice on what to do would be welcome.

 

[paulh]

always document and take photos of any problems whether small or not,Have had problems with neighbours in past,and sadly only thing that resolves it is if they die or you move.They will always think there in the right even when there not
Paul

 

[paulh]

if you go to solicitor you get 15 min free for advice
Paul

 

[scojos]

someone posted on the "out of school" thread that they were a lawyer...
ill have a look
tracy

 

[wicket2005]

Hug Joh, infuriating situation as they are not reasonable people. I would see a solicitor and establish exactly what is allowed and what isn't. It does make relations with the neighbours uncomfortable though if you take legal action.

 

[PoppyAnna]

Not sure if it's any help Joh, but you can pay a nominal fee on the land registry website and see their land rights/deeds. This might show where they have a right of access.

We did this over a shared access driveway that the two boundry neighbours kept parking down and blocking our access.

Good luck, I hate stuff like this, it's the worse part of being a homeowner.

 

[wilma-bride]

Thanks for the advice guys. Well, they have moved everything (except for a massive bag of sand which would be nigh on impossible to shift) and cleaned the drive so I think I am just going to write them a letter to formalise what we have told them about not using our drive/land as a storage area and hope that's the end of it.

I really don't want to go down the legal route if we can avoid it.

 

[Ware Bears]

I was going to suggest the same as Joanne ~ we did this a couple of years ago when we were trying to ascertain who owned the boundary between us and our next-door neighbours. I think it cost a couple of £.

I really feel for you, Joh, as this sort of thing is usually unpleasant and not the sort of thing you want at your home.

Good luck.

ETA: My post took so long to come up (the DIS seems so slow tonight ) that you had posted an update inbetween so sorry if this doesn't really make sense!

 

[The Fetherstons]

Joh I can definitly symapthise with you, we have the exact same problem.

We are on a row of terrace us being the end and have the drive to the side of our house which is also the carport for cars that dont have driveways at the front (IYKWIM) all numbered to the appropriate house.

The problem we have is the neighbours down the street who have their own drive bring their dog around to do its business which really makes me they have no right to be around as none of the spaces relate to their house.

But the same peoples (children) last week whilst we were out opened our side gate and used Adams basketball net and took his basketballs from our garden (we caught them as we were pulling up onto our drive) they ran straight past the car and took Adams BBall with them.

I was so mad I jumped out of the car and knocked at their house the mother just stood with her arms folded and could not have given a hoot, I was furious.

Some people have no manners or care for other peoples property.

Hope you get it sorted.

I really do like living here where I am but inconsiderate people make things so miserable at times.

Anyway sorry for my rant

 

[UKDEB]

I've dealt with property law most of my professional life. If your neighbours are only able to access the rear of their property across your car port then they will undoubtedly have a right of way. Maybe you could let me take a look at the Land Certificate (or Charge Certificate) at some stage.

ETA: Needless to say, having a right of way does not equate to them being able to use your land as their own.

 

[orlandothebeagle]

It will all depend on your deeds, we had terrible trouble with our last next door a**holes, they built a fence to keep us off our comunal land, It took lots of money and 2 lawers to fix it(1st one wimped out), it finished with len threatning to chain saw the fence down.
In scotland they have stuff like wheel barrow acces and all sorts, also if they have had acces for ten years( rightly or wrongly) they are entileted to keep using it, this is all scotland mind.
I know this can all get ugly, everycase is diff, but in our circumstances being nice did not work, we had to really get tough, Len was outside telling them he had every right to chain saw the fance as long as he done it carefull and placed it in there drive, I was inside vomiting I was so upset by it all.
It is all in the deeds.

Why do folk have to be like that?
Good luck. I am sure it will all work out in the end.

 

[wilma-bride]

Thanks guys, it's nice to know we are not the only ones who have neighbour problems.

They have now moved everything off the land with the exception of the builder's sand (which we understand would be pretty nigh on impossible for them to move) so hopefully once they've finished building their lean-to, they will not be using our drive for their rubbish anymore.

Deb, if you don't mind, I might bring our stuff for you to have a look at when we see you in a couple of weeks

 

[MyBubbles]

If you have legal cover on your home insurance then give them a call. Neighbour disputes are normally covered as standard with this cover and if anything they can offer you some advice. It won't cost you anything to just call them If it continues. Good luck and I hope everything calms down soon...or they move!!!

 

[janiebubble]

even if they do have a right of way (technically called an easement) over your land to access their property they wouldn't automatically have rights to use the land for anything other than gaining access. They wouldn't get right to store things for example. You do need to be careful though ... I know you say you don't want to formalise things legally, but if you don't there are rules in land law that state that you can loose your rights if you allow things to continue for a period of time (usually 12 years).

(I'm a law teacher ... haven't taught land law for 4 years though so I'm a little rusty off the top of my head!)