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propertylawyer
propertylawyer, Solicitor
Category: Law
Satisfied Customers: 280
Experience:  Property Solicitor with expertise in commercial and residential property transactions.
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A man purchased a small piece of land ( approx. 100 sq. mtrs

Resolved Question:

A man purchased a small piece of land ( approx. 100 sq. mtrs ) immediately outside my sisters access gates. He then threatened to put barriers up to stop her using them saying she did not have a right of way to get onto the main lane some 3 mtrs distance. We applied to the Land Registry for a prescriptive right of way and it was eventually granted on 2nd March 2016 after going to court in Hastings. The owner has now written to her to say he will be erecting a boundary fence to the lane side of his property in which he will put a gate for vehicles which will be locked and a pedestrian gate which will not be locked. She will be provided with a key for the vehicle gate . He states that he has liaised with a solicitor and the land registry and has been advised this is normal. He has stated that if there is any damage he will sue for damages. The fence will not be erected to the rest of the perimeter which suggests he is being vindictive. His workmen started installing posts this morning
My sister is 68 years of age and is feeling the stress this is causing. One question is can he legally do what he is intending to do and secondly could this be construed as harassment?
Submitted: 1 year ago.
Category: Law
Expert:  propertylawyer replied 1 year ago.

Hello Peter

Thanks for your question. I will try to help you.

Unfortunately, your neighbour can put up a fence with a gate. He can also go a step further and put a lock on the gate provided that he provides your sister with a key, which he is proposing to do. As long as your sister has a key and can open the gate then this is not classed as an obstruction.

Harassment is subjective. It is down to your sister if she considers that her neighbour is engaging in unwanted conduct towards her. The conduct can be physical, verbal, non-verbal. TheRe does mot have to be motive or intention, so conduct can be classified harassment even if her neighbour does not know there is harm caused by his actions.

Has there been any incidents which cause fear of violence? This must happen on at least 2 occasions.

Harassment is a police matter. You can speak to them to establish whether the effect of the neighbour's actions can be dealt with by them

I hope this is helpful.

Do you have any queries or questions?

Kind regards

Paul

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