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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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We have a shared drive with our neighbour. It is only the

Resolved Question:

We have a shared drive with our neighbour. It is only the width of one car and been there since the house was built in the 1930s. The neighbour's daughter is disabled and a council school bus come to the house to bring her to school. She is able to walk a little distance and initially the bus parked on the road and she walked out to it. However for a number of months the bus has been reversing onto the drive and right up to the neighbour's door. This was never mentioned to us and we said nothing as the neighbours have been difficult since they moved in 2 years ago. The weight of the bus has damaged the neighbour's drive and part of the shared drive including a manhole on our side. We have tried to raise this with the Council since it is there bus but have no response. Last week the neighbour told us that the bus driver had complained that one of our hedges was overhanging and blocking the bus. We have seen nothing from the Council to this effect but in any case agreed to cut the hedge back. This morning we have found that, not being satisfied with our efforts, has cut the hedge back himself and was stuffing the branches into his car to dispose of the evidence. When my husband spoke to him about it he was verbally abusive, spat at him and said he has 'done his research and he can do what he wants as it's a shared drive'. What rights do we have seeing as we own half the drive and he has effectively trespassed onto our half of the drive, cut our hedge and disposed of it.
Submitted: 10 months ago.
Category: Law
Expert:  propertylawyer replied 10 months ago.

If it is your hedge on your land then it is trespass and criminal damage. The abusive behaviour is criminal, it is harassment.

To prevent further trespass you can obtain an injunction if it is reasonable that the neighbour will trespass again.

The cutting back of the hedge and abuse are criminal offences and you can report that to the police.

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