advice needed on easements and rights of way

[amphiprion]

Re: advice needed on easements and rights of way

So... why would he allege that I have just installed the gate recently, instead of telling the truth that it was there before he purchased the property, and has been there continually since? He also states that he has made enquiries and there was no gate there before it. I have a photograph of the original gate in situ 26 years ago!
Also the gate is not his gate. When the original erector sold his property the original gate would have reverted to the police authority, and then to me when i purchased the house, also as i stated earlier in the post, i replaced that gate with a new one 15 years ago when it fell into disrepair!

His argument is that it narrows the right of way and he wants use of the full width. However some thought seems to have been put in to the gates positioning originally as due to the raised manhole cover for the sewers on one side, and a small area on the other side where there are non reinforced drains only suitable for pedestrian use the width available for vehicle passage at that point is only as wide as the gate.

[amphiprion]

Re: advice needed on easements and rights of way

I do think a court would possibly refuse his claim as the gate was there when he bought the property! He did after all have a choice not to purchase if he didnt like the gate being there! It was installed due to the agreement of previous occupants.he not only viewed the property and the right of way before purchase, he lived there for about a year as a tennant before purchase! He would have had a solicitor carrying out the conveyancing and could have raised the question about the gate then, presumably the property was also surveyed!
He then signed a contract to purchase which effectively was his agreement that the house and right of way were acceptable!

[des8]

Re: advice needed on easements and rights of way

Presumably you will be writing to the solicitor and putting him right!

As was suggested at the beginning of this thread your neighbour is not only an a******e, he is a stupid a******e.
Other than racking up solicitor's charges, what does he think he can gain by being obnoxious and telling untruths which can easily be demolished?

[amphiprion]

Re: advice needed on easements and rights of way

Unfortunately this is just the nature of this particular family! First they bully and if that doesnt work they start telling lies! Ive spoken to nieghbours freinds and family, and all done I think I can rely on about 12 statements to certify the gate has been continually present since 2001. I also have 2 video files taken during the time period he says the gate was removed and its showing up on google street view in september 2009. He will im sure just change his story again to something else equally outrageous!
Have to admit this is causing some sleepless nights now!

[des8]

Re: advice needed on easements and rights of way

I think I would be including a comment to the solicitor that you do not expect to hear from him again unless it is to apologise for his client's unreasonable behaviour, or confirm that he is about to initiate court action, which will be vigorously disputed.
Also I would ask him to instruct his client to stop trespassing as mentioned earlier

Just one query:
in post 1 you said the post was removed in 2006 (to allow him to remove his caravan) and you replaced it a few weeks ago (after obtaining agreement)
in post 2 you said the gate was viewable in 2008 on google earth
in post 34 you say the gate has been continually present since 2001

Has all this really blown up because you reinstated the post onto which the gate closed?
If so , on what did the gate close, and how did you stop it blowing in the wind whilst the post was absent?
I'm just curious.

[Diana M]

Re: advice needed on easements and rights of way

Unfortunately this is just the nature of this particular family! First they bully and if that doesnt work they start telling lies! Ive spoken to nieghbours freinds and family, and all done I think I can rely on about 12 statements to certify the gate has been continually present since 2001. I also have 2 video files taken during the time period he says the gate was removed and its showing up on google street view in september 2009. He will im sure just change his story again to something else equally outrageous!
Have to admit this is causing some sleepless nights now!

Oh dear, has this situation got a bit out of hand?

There are Video Diaries of the offending gate. There are 12 statements certifying the gate's omnipresence since 2001. There's evidence from Google Streetview.

Where will this end?

I sense the issue isn't only legal, it's possibly a neighbour feud situation.

The only winners will be the lawyers involved.

Di

[amphiprion]

Re: advice needed on easements and rights of way

Hi des8
The gate has a rope tied to it with a loop that slips over another post behind the gate when it's fully open. To stop it moving around in the wind. It's a bit weather beaten but it does its job.

- - - Updated - - -

Hi Diana.
Thanks for your comment. Any litigation is by its nature a feud. I'm a retired policeman. Gathering evidence seems the sensible thing to do! Also there are no video diaries it just so happens that some video was shot on the drive on a couple of occasions which coincidentally show the gate. There are no statements as yet I have simply spoken to friends family and neighbours who can vouch for the presence of the gate during the time period he states it had been removed, and google street view is just an independant source of photographic evidence.
I understand what you say re the lawyers cleaning up here, but the whole point of this is to present the facts to his solicitor to lessen the chance of court action!

[amphiprion]

Re: advice needed on easements and rights of way

Right!
Ive just got off the phone with a solicitor who specialises in boundary and rights of way disputes! He was kind enough to give me a free initial half hour cosultation over the phone!
Ive explained the situation in full and this is what he has told me.

I am entitled to put a gate on the right of way. Providing my nieghbour has a means of opening it to excersise his right of way.
I have no duty to open the gate for him and the fact that i do open it shows that i have been kind and reasonable in my actions.
The positioning of the gate allows him to stop his vehicle off road to open the gate, so there are no safety issues!
My nieghbour is 100% responsible for the actions of visitors and any damage they cause whilst on my propertyas they are there by his direction.
The fact that the gate was already in situ when he purchased the house means he has legally accepted its presence and can not now object to it being there for any reason.
My replacing the gate post has been legitimate in that it raplaced a post that had previously been removed as a temporary measure.
The width of my nieghbours vehicular right of way is dictated by the size of his parking space. Ie he can not use the right of way with a vehicle which can not be practically parked within the confines of the paking space without encroaching on my private parking space or the right of way, that includes any parts over hanging such as door mirrors and towbars. Passengers and drivers must be able to get in and out or the vehicle without the need to tresspass on my parking space or the right of way. He and any of his visitors must not park on the right of way. He and any of his visitors must not stop to load/ unload vehicles on the right of way as he has a suitable area elsewhere on his property suitable for that purpose. that this may be inconvenient for him does not alter the fact that he can not do it!
He also said that he can not roll vehicles back onto or over hanging the right of way in order to get his garage door open. In such a case he must remove the vehicle elsewhere.
I feel so much better now.

Thanks to Des8 You are a fountain of useful knowledge sir!

[des8]

Re: advice needed on easements and rights of way

Thanks for the update and clear statement of the rights of dominant tenement.