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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70696
Experience:  Over 5 years in practice
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I have an access dispute with my next door neighbour and he

Resolved Question:

I have an access dispute with my next door neighbour and he has parked a JCB and dumper truck on my land, they have been there 3 weeks. Can I have them removed? What are my rights legally?
Vincent
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

What is his justification for this?
Customer: replied 3 years ago.

there is a dispute over a right of way through my gate which has been going on since 2000. The neighbour is a property developer who have built a 'Barn' in the field where the disputed right of way is and athough he has perfect access from his own property, he has intentions to sell the property in the field as potential residential with separate access through my drive. He has never used the access since 2000

Expert:  Jo C. replied 3 years ago.
Thanks.

If he has no access documented in his deeds then you can apply to the court for an injunction to make him remove them.

You can also seek costs against him.

Injunction orders are expensive though so it might make more sense to get a solicitor to write to him giving him 5 days to remove them failing which you will make the court application without further notice.

On the facts that you present here you will succeed.

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.

how do I check to see whether access is registered and if it is, does he still have the right to abandon these vehicles on my land?

Expert:  Jo C. replied 3 years ago.
You can get the deeds from the land registry below

https://eservices.landregistry.gov.uk/www/wps/portal/!ut/p/b1/04_SjzS0tDQwMTIxMjLXj9CPykssy0xPLMnMz0vMAfGjzOKNjSxMDA1NjDwsjM3MDTxN3dyNDUNMjQ1MjPWDU_P0c6McFQH3SLFU/

They will charge £3 although if the property does not have an address you may need to contact the land registry to get a title number by doing search of the index map using form SIM.

The fact that he has not used it for any length of time doesn’t matter as an easement doesn’t cease through lack of use.

If he or his predecessors used the access for 20 years or more prior they may have acquired an easement which they can register even if they haven’t registered it yet.

Regardless he cannot put these items on the land unless he has the right to park

Customer: replied 3 years ago.

He has definitely no right to park. Am I allowed to have the vehicles removed and sold as long as the proceeds go back to him less any recovery costs?

Expert:  Jo C. replied 3 years ago.
You can claim it is self help but it isn’t the best option.

If you want to go that route you need to tell him that if he doesn’t move them by a set date you will do just that.

The problem is that he can then sue you and you are faced with defending his action

I would make sure that all warnings come from solicitors
Customer: replied 3 years ago.

Ok, I think I have exhausted and explored the options here. This is a very complex and difficult situation which was initially created by the local authority when using woolly wording in planning consent. This weakness in the wording has been seized upon by the ex-highways engineer, who is my neighbour to continue to try and use a right of way which he stated as being 'Given Up' when applying for his own access off the main road.


Thanks for the advice and maybe a solicitors is my next best option.

Expert:  Jo C. replied 3 years ago.
No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’.
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