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UK-Justice
UK-Justice, Barrister
Category: Law
Satisfied Customers: 16193
Experience:  Called to the Bar in 2007
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I live in a terraced house. There is a side access drive at

Customer Question

I live in a terraced house. There is a side access drive at the end to get to parking and garages at the rear. The drive is subject to an easement for access and a covenant which requires all residents of the terrace pay equal proportions of the future maintenance and repair of the drive. In 2009 all residents paid equally to have the drive resurfaced. all residents agreed the work was required, agreed the scope, the quote and the timing of the work,. The owners of the end terrace and the drive also believe that all residents should pay to maintain the trees that line the drive, that are planted on their land. They arrange tree cutting without consultation and post bills through our doors. Their communications are threatening and abusive. There is no mention of trees in the covenant. We all (the other residents) believe that we are not responsible for the trees and that their demands are unreasonable. Do I have to pay them?
Submitted: 4 years ago.
Category: Law
Expert:  UK-Justice replied 4 years ago.
Thanks for your question, my name isXXXXX will do whatever I can to help you today.

Unless there is something in the deeds or other agreement then you do not have to.

The trees are not on your land, they do not form part of the drive.

The drive would be the surface.

If there is no mention in the easement or covenant then you are not liable.

You should ask on what legal basis and what evdicnece they have to say you are liable.

But based on what you have siad, you are not.

Do not be bullied.

If there you have any questions or if I can help you with anything else please let me know.


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Customer: replied 4 years ago.

Thank you for your reply. Do you have any advice for how to deal with the neighbours?


 


They have threatened small claims court although I would be surprised if they went ahead as their house is up for sale (it has been for a year now).


 


One of them is extremely unpleasant and confrontational and shouts abuse including bad language. I am concerned that a situation will occur infront of my son (I live on my own with him). I have already told them in writing (email) that I find their behaviour aggressive, upsetting and unnecessary. They replied saying that they think I am unnecessary. At what point does it become harassment?



Thank you


Ailsa

Expert:  UK-Justice replied 4 years ago.
You should write and ask where is the evidence?

What are they relying on?

The judge would also need to see this.

In any event it would not be a small claim.

That is for simple debt matters



Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
Expert:  UK-Justice replied 4 years ago.
I'm just following up with you to see how everything is going. Did my answer help?

UK-Justice