• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Intrusive right of way

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Intrusive right of way

    Hi,
    I may have written something about this problem before but things have moved on since then - a long way on. To recap; our neighbours have a right of way through out property. Our plot is a `7` shaped piece of land to the rear and side of our house. The area at issue is only 8ft wide. We have no other land. The neighbours have a clear cut ROW and also an alternative to the main highway via their front door. The Title Deeds merely say that `No.2 has a ROW over No.1` - nothing else simply this one sentence.. They wanted to construct a Conservatory on the boundary. We did not object to the construction but we wanted to know how long our patio would be out of use and who would be responsible for any damage done. They wanted to force the issue of access and were advised that they had no case. So...

    (1) Every time they use the ROW, they come through with a hand-held camera, If we are on the patio, they will mutter something to try and provoke us into some form of altercation and attempt to record the event. They take photographs when standing within our property and they touch our washing. We have photgraphs of this.

    (2) We have had people here to give us a quote to try and get some privacy but they came out screaming at the agent. When I say the look on her face was manic and murderous, I`m not kidding. The workmen fled.

    (3) They come through eating and depositing crumbs etc and thus encouraging vermin.

    (4) They come through with their dog. The ROW is so instrusive that sometimes the dog brushes up against us. Ironically `Mr` neighbour boasts a minor qualification in hygiene and teachs it to disaffected kids.

    The conservatory now stands on the boundary of the two properties and towers 10 ft high. A door on the conservatory actually forms part of the boundary between us. The conservatory is attached to an extension and is taller than the extension,

    We are trying to sell the house. My wife has lost loads of weight (we are both in out late 70`s) and will not sit on the patio because of the risk of an altercation. We have had a lot of viewings from the Estate Agent. The viewers have been very impressed with the cottage but the ROW and Conservatory put off prospective buyers. Thanks to the neighbours and the council planning dept., the house is unsellable. We have had four Estate agents to value the property and they can`t understand how planning permission was granted for the conservaory in the first place. We have reduced the price from the initial valuation but the house will still not sell.

    Talking to them is impossible. They have already reported many of the neighbopiurs to the local Council for very minor infingeents.

    Does anyone have any suggestions as to what direction to take? Can the Borough Counciil do anything? My wife in particular is quite ill with the situation. We have household insurance but I want to hold that back has a really last resort. If they turn us down, I`m not sure what the feelling of being trapped here will do.

    Thanks for any suggestions

    Tags: None

  • #2
    How awful for you. However the opportunity to stop this was at planning stage. Did you speak to your local councillor at the time? You could have called it into committee perhaps. The only thing I can think of is a fence along the ROW to screen you from them even if it makes it very narrow. Is this a possibility?

    Comment

    View our Terms and Conditions

    LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

    If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


    If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
    Working...
    X