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Ash, Solicitor
Category: Law
Satisfied Customers: 10914
Experience:  Solicitor with 5+ years experience
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Hi I live in a semi detached with a shared drive to my

Customer Question

I live in a semi detached with a shared drive to my garage. I have Right of Way on the shared drive. My neighbour persistently obstructs the driveway by parking cars (fully or partially). Permanently leaving the bins on the driveway. They have also started to build an extension that protrudes into the shared driveway. I have complained to them many times. This has been going on since 2006. Over the years things have gone from bad to worse. I am deeply distressed about the whole situation. I have contacted police a few times complaining about this deliberate harassment, only to have been made look like a complete idiot as though this was just a trivial matter. Police view so far seems to be that I should be nice to the neighbour. On one occasion when I asked the neighbour to clear the drive as I needed to take my car to the garage. He threatened me that if I rang their door bell he is going to beat me up. Since then I have been afraid to say anything to him. Police are now telling me that by not saying anything to them I am "allowing myself to be a Victim" and still not helping me. In the meantime neighbour has boosted his ego and is now using the drive as his private property without any form of common coutsey. On the other hand my distress level is going from bad to worse.
Ideally what I would like is that my Right of Way to left clear, so that I can use my garage whenever I need without any interference between me and my Neighbour? Is that possible?
Is there any way forward? what are my options? Do I have any rights whatsoever?
I look forward to your advice?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : For now please let me know if you have had a solicitor write and ask you be given unobstructed access?
JACUSTOMER-15u5gzy5- :

No Not by Solicitor. However I have informed the neighbour to do this on several occasions both verbally and in writing. I have also informed the neighbour about the distress and inconvenience that this is causing me. In all the conversations Neighbour have always acknowledged my 'Right of Way' yet continues to obstruct.

JACUSTOMER-15u5gzy5- :

It is also worth mentioning that Neighbour is a large family and involves several different cars. The actual threat of violence was made one of the adult sons in the family.

Alex Watts : Ok. I would speak with a local solicitor and get them to write a letter for you asking for access or say you will go to court otherwise.
Alex Watts : If he refuses then you can issue proceedings. You need to complete form N1
Alex Watts :
Alex Watts : And N16a
Alex Watts :
Alex Watts : the court will list the matter and decide whether to make an order stopping him preventing access.
Alex Watts : If the court does and he breaches it this is contempt of court and he can be warned, fined or sent to prison
Alex Watts : I would suggest representation for the hearings etc and if you win you can ask for costs.
Alex Watts : Can I clarify anything for you about this today please?
JACUSTOMER-15u5gzy5- :

Could you give an idea on possible pitfalls in my case or does it look straight forward as you seem to be suggesting. Also, how long this process might take and likely costs. Also, are you able to suggest any solicitors who are experienced in this field. In my investigations so far most solicitors seem not to be interested in neighbour disputes. The one who is willing is suggesting several thousand pounds with £1000 upfront even to start the conversation. This is prohibitive for me. My postcode is NW9 0BA

Alex Watts : If contested you are looking at £5000 in costs.
Alex Watts : Clea
Alex Watts : clearly litigation is never certain but you seem to have a decent case.
Alex Watts : solicitors for you
Alex Watts : Bonningtons -(###) ###-####2310
Alex Watts : Dylan Conrad -(###) ###-####0007
Alex Watts : Hersi -(###) ###-####7795
Alex Watts : Gattas Denfield - 0208(###) ###-####/span>
Alex Watts : Chesham - 0208(###) ###-####/span>
Alex Watts : Does that help?
JACUSTOMER-15u5gzy5- :

few more clarification. (i) Will the injunction include the removal of wall that is protruding into the shared drive. I have already asked the neighbour to stop further work. (ii) For the names of defendants, is it sufficient to address this to the property owners as show in land registry or do I need to include owner of each car also (iii) what percentage of £5000 recoverable (iv) The fact that this has gone on since 2006 is that likely to go against me or in my favour

Alex Watts : You can ask for that.
Alex Watts : you just need to name them if you know who they are or say persons unknown
Alex Watts : The majority if the £5000 probably about 80% will likely be recoverable.
Alex Watts : The fact its been going so long does not go against you
Alex Watts : Does that help?
JACUSTOMER-15u5gzy5- :

Just one final point. Is there any benefit in my continuation of pursuing individual incidents of blockage through police as act of harassment under PFHA '97 as most of these blockages are done deliberatly just to cause distress. So far police have not done anything meaningful.

Alex Watts : Well I think you would struggle on that front, the injunction is your better option.
Alex Watts : Even if its harassment and a civil matter you would need an injunction anyway.
Alex Watts : Does that help?
JACUSTOMER-15u5gzy5- :

Thankyou so much. This short conversation has made my head a lot lighter. Wishing you a very happy new year.

Ash, Solicitor
Category: Law
Satisfied Customers: 10914
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 1 year ago.

I did have one more clarification re the extension. Neighbour has got planning permission for the extension. At the time of planning permission I did not check if it was protruding the share drive. So did not raise any objection. I only realised it after they had laid the foundation as I was unable to reverse my car into the garage without hitting the foundation wall. It was at that point I raised the objection. He has stopped the building work since then. Is the grant of planning permission in any way in Neighbours favour.

Expert:  Ash replied 1 year ago.
No its not.

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