Right of way issues

[Mjack05]

"reasonably educated, intelligent but nondescript person,..." sounds like me...well,at least the non descript..!!!

[charitynjw]

"reasonably educated, intelligent but nondescript person,..." sounds like me...well,at least the non descript..!!!

1 out of 3 ain't too bad......is it?

[Mjack05]

Ahhh..the banter...

[Mjack05]

Hello...

I'm afraid I'm starting to work again on this thread.. I have been threatened physically by my neighbour and need to fence off all passages through the back of my property...

Can we start to discuss again...

Thanks/sorry guys...

[des8]

If you’re being threatened and you feel you're in danger you should contact the police.

Is it because of the threat that you intend to block off the access?
I doubt the courts will find that an acceptable reason if there is a right of way.

[Mjack05]

Hi Des...

I have contacted the police and logged a report. I am not looking to block off the access because of the threat. I am looking to block off the access to enforce my legal entitlements. The threat has just spurred me on to deal with this immediately.

[Mjack05]

Post # 42 on here states that the neighbour HAS a right of way and the text has been shown...however to my amateur legal eyes the text isn't clear as to why...

Can anyone explain.

[des8]

If the text is unclear a court is likely to find that an easement exists.
certainly makes sense viewing the existence of the gate.
if you block off their access you might find yourself fighting an expensive court action

[Mjack05]

Isn't the burden on them to prove they have a right of way?

[des8]

Isn't the burden on them to prove they have a right of way?

Yes, but if the matter is in doubt the courts generally find in favour of the existence of the easement

[Mjack05]

Thanks for your responses Des,did you manage to read post #42?

[des8]

Thanks for your responses Des,did you manage to read post #42?

Yes, might seem ambiguous but does point to an easement even if not delineated

[Mjack05]

Further to your recent documentation dated 21st March 2019,in which you have stated
treat ' it is clear.Fom the Conveyance that our clients have a right ofway and access over
the track..' I am requesting a description and proof of such easements, in the absence
of a more definitive description ofwhat those easements are other than "now enjoyed."

I would like also like to reasonably request dates in which your client built the garage
door entrance/exit, which sits on the boundary of the said site and my land ,also the
date when the additional gate entrance/exit was constructed circa 4 feet away from the
garage door,on the same boundary line of both properties.

Im assuming that as Mr and Mrs xxxxx legal representative, you have read all previous
communication between myself and Mrs xxxxxx, also myself and Miss xxxxx. I
would like to draw your attention to the comments made by you in the same
correspondence dated 21st March 2019 where you have made clear written judgement
that I "have recent/y made threats to our c/ien I refute this statement vigorously ,
adding that previous communications have been reasonable and courteous to your
clients in their entirety. Your efforts to discredit me have been duly noted.

Further to your letter of the same, I have left numerous telephone messages on your
direct line to request and electronic copy ofyour letter dated 21stMarch 2019 without
any response-l would like to formally now request an electronic copy of the said
correspondence to be sent to..xxxxx

[Mjack05]

Please find above letter sent to neighbours sols 26th March 2019...I received no response and I've chased them numerous times...eventually today i have been told the reason they never responded was that they closed the file 18mths ago...

[des8]

So i have spent the last 90 minutes going boss eyed looking at that old conveyance.

Can you identify exactly where your ex cannabis nursery is located on plot 3 of that old conveyance plan?