Hi I joined today hoping to get some advice and discussion an increasingly complex issue I face with a neighbour who I believe is over-using and mis-using a shared lane. Its a large lane connecting 12 houses and he is dumping waste all over it, and gradually taking it over with his numerous vehicles. He is not blocking access, but is certainly littering his cars and waste over an ever expanding area. The reason Im writing here today is to get some advice on another more recent issue: that he is now using a large mobile home for what appears to be long-term non-resident dwelling, and there are both vehicles and non-residents coming and going all hours. I asked him what provisions he has made for sanitation but he has denied that anyone is staying in the van despite 7 nights a week the lights are on long into the evening and the diesel engine is left running. I now have a white van parked every night immediately behind my property. This is happening against a backdrop of increasing amounts of (his) waste and litter accumulating over a 150m span of shared lane. Are there any laws relating to shared/common land preventing a shared lane being used for dwelling in this manner?
resident is using mobile home for long term non-resident dwelling on shared lane
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resident is using mobile home for long term non-resident dwelling on shared lane
Last edited by hello_world; 3rd January 2024, 16:25:PM.Tags: None
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what is "non-resident dwelling"?
Who owns the lane?Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.
Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf
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The shared lane is not registered with HMLR and has no title, there is no mention of an owner in my deeds. Its mainly derelict and unmaintained, and is fairly regularly dumped on by resident frontagers. This particular resident has signiificantly ramped up fly-tipping on the lane since his arrival four years ago.
"Non-resident" means people who dont live in any of the nearby houses who now appear to be coming and going direcly from his mobile home at all hours, where the lights are on, and the engine is running until late most nights. Yet he claims no one is dwelling in the mobile home.Last edited by hello_world; 3rd January 2024, 17:23:PM.
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The issue is that the presence of people dwelling immediately behind my home in an unlit and concealed area off the main highway, who we do not know, who we suspect have no interest in maintaining the area, coupled with increasingly large amounts of waste coming from the neighbours property, is becoming a major source of insecurity for myself and other residents. The fact that the neighbour did not consider it reasonable to discuss the repercussions of facilitating a dwelling for regular use behind our home also raises further concerns about his antisocial attitude.
Practically we have noticed a recent and marked increase in non-resident access in and out of the lane including adult males loitering behind our home smoking cannabis (we can smell it in our back garden). So I wonder if its possible to introduce an order of some sort to prevent him using his mobile home as a dwelling. Or whether he would need planning permission?
Please note: this post is specifically to explore the dwelling issue.The fly-tipping and waste disposal is another issue entirely and something we are working through with the local authority who claim to have issued some sort of order to clear the waste, though is yet to be proven effective.Last edited by hello_world; 3rd January 2024, 17:08:PM.
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