Right of way issues

[Mjack05]

Ha..!! Ye Ol'bants.
The address c..

[Mjack05]

I've a feeling that because the daughter was working at the solicitors (administrator-and not a legal position ) the letter written to me (shown on earlier post) was sent in order to scare me off...when I wrote back with a reasonable question, they shut the file as 1)they knew they had no proof. 2)they knew they had no case 3) it was going to have cost implications higher than a "favour " because the daughter worked there...

I've written to the neighbour advising that I know the file is closed and I contest the right of way and whom should I direct my paperwork to.

In the meantime can I apply for an injunction until proof is provided. ?

[des8]

If you are sure of your position you could apply for an injunction to stop a trespass.
On the other hand you could just erect your fences and let him start the ball rolling in the courts.
Either way there is a risk

[Mjack05]

Cheers for your time Des..

Did you deduce anything from the deeds...

[des8]

There are rights of way written in the deeds, but to find if they affect your property (which I think is in block C) you need to ascertain exactly where in that block your property lies,

[Mjack05]

Interesting..to officially and precisely specify where the building lies is very difficult, however and approximation is from the left (as you look at the drawing) to approximately 5 metres from where the stream goes under the properties...does that help.

[des8]

So your building is the first one on the left of block C.
Block C is 43 yards (about 40metres)long.
From your estimate of 15 metres it looks as if there were only those two buildings on blockC.
Page 2 4th line down starts "THIRDLY AND ALSO ALL THAT other plot" refers to block C and on the easterly side (which is alongside your building?) there is a 2 yard wide path which is to be left open. This 2 yard path is particularly mentioned later as being part of the totality of that plot.
That would seem to mean there is a right of way 2 yards wide at the side of your plot, but there is no mention that I could see of a path across your property to your neighbour's.

Of course these old documents are easily misunderstood by the untrained so don't take my explanation as gospel

[Mjack05]

Good morning..

I'm now ready to pick up where I left off with my position on right of way through my land.

The development is nearing completion and of course the neighbours still come and go as they please...a new fence has been erected by them between the properties..with a new gate position ideally placed to benefit there comings and goings...plus it opens INTO my land..cheeky buggers...

Now,if I'm right ..I believe the burden is on the neighbours to prove they have right of way...so can I block the gate and await court action if they.1) damage/remove the posts that will block their entrance, 2) they decide to go to court to enforce their " so called " rights?...

[des8]

Had to do a bit of back reading!

If you block their access their better way forward is to apply for an injunction to make you restore it.
At that point you defend your action and they would need to prove their position.

On the other hand they might just remove your obstruction and risk you accusing them of criminal damage

[Mjack05]

Hi Des8, yes,been a while..

So,if they cause criminal damage..at that point do I get the police involved...

[des8]

You can if you so wish, but be ready for the police to down play it

[islandgirl]

The Police will likely say "its a civil matter sir"!

[Mjack05]

But wilful damage to my property is a criminal offence, yes?

[des8]

Yes, but that doesn't mean the police will pursue the matter vigorously

[islandgirl]

Des8 is absolutely right. As soon as they learn there is a right of way dispute they will most likely take no further action and advise you to work on the matter through the civil courts.