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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 70523
Experience:  Over 5 years in practice.
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Dispute with neighbour re:them blocking access

Customer Question

I have a dispute with a neighbour regarding them blocking access to our garage. We live in a terraced house and they have the semi which includes a driveway to the back of the properties (shared with the opposing semi) and their title has an easement stating: The parts of the passageways at the back and side included in the title are subject to rights of way. Ours states: The land has the benefit of a right of way over the passageway at the back and leading into XXX Road. Over a year ago I asked verbally and in writing for them to remove a number of obstructions as we could not get a car out of our garage at the time. This was removed temporarily when we got rid of the car, however was reinstated. Despite numerous requests to have this removed and the wife becoming verbally abusive, spitting and calling me names, they refuse to remove the bins (two large 240lt bins, various smaller bins and other household waste) and she is becoming more abusive more frequently and recently called the police as I was "standing" on her land (walking from my garage out to the main road). I need a legal written letter to give notice about the rubbish as they have ignored my multiple requests (they state that they do not see me use my garage and so they don't have to clear the way) and even if I do not store my car in the garage I should be able to take the car to the garage to load and unload anything which I am prevented from doing so. Secondly I need some advice on how to handle the verbal abuse. Last week the wife was shouting, spitting at me, calling me names and even waving a knife around (which she later claimed she was not doing) in front of the neighbours on the street. She loses her temper in a flash and shouts and screams, five minutes later she is the nicest person you will ever meet and it is becoming too much. We have asked her a number of times to only communicate over email, but today she stopped my wife in the middle of the road shouting and screaming again. Help. I have a copy of the title deeds from the land registry for both ours and theirs and I have previously had advice that informed me: The title deeds clearly includes an unqualified right over the passageway at the back of the Property and leading to Anthony Road. Accordingly whether your neighbours do or do not own any part of that passageway within their title they have no right to interfere with your right of way over the same either by blocking or impeding your access. Accordingly if they are impeding or blocking such access this is an unlawful interference with your rights and would be a basis for an injunction if necessary to prevent them from continuing to do so and costs. This is a substantive interference. The courts have ruled that anything that makes it substantively harder to exercise your right of way amounts to impediment. If the passageway was wide enough for say two cars if they placed a small bin there this would not substantively interfere with your right of way because of the width of the passageway. However if the passageway is only wide enough for one car, as it is in this case, a bin would interfere with the right if the car could no longer get by or could only get by, by slowing down and being careful as you went by. Thank you for reading this, and please advise of further action and possible costs for this.

Submitted: 3 years ago.
Category: Property Law
Expert:  Remus2004 replied 3 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.

What would you like to know about this please?
Customer: replied 3 years ago.
What is my next course of action in relation to them blocking my ROW, I assume a letter from someone registered legal practitioner suggesting I will be taking legal action if they don't comply etc?

Secondly I want to know what legal recourse I besides calling the police in regards ***** ***** behaviour of the wife? I can forward emails I have sent to the husband, but as outlined in the original question she gets emotional, shouts, screams, calls names, spits and last week was waving a kitchen knife while arguing about the driveway issue. So can a second letter be drafted suggesting what ever legal action I can take will be explored should she persist with this behaviour.

Thanks,
Barry Carnell
Expert:  Remus2004 replied 3 years ago.
Thanks.

Yes, you can get a solicitor to write to them. That is fairly economical and often very effective. Obviously they may ignore it. Sometimes people do. If they do then you would have to consider injunctions which do rack up the cost substantially. I would try with the letter first.

In relation to conduct of the wife, ultimately you are describing criminal activities and the police is your first port of call. If they are refusing to become involved then that should lead to a complaint to the IPCC. They are too busy meditating domestic squabbles in the UK to deal with any proper crime.

You can also seek an injunction order at the civil courts although I wouldn't suggest it. It would just rack up the costs to you and do nothing more than calling the police at the time of her misconduct would do.

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.
Hi Jo,

So what exactly would I be asking a solicitor to write? Ie is there a standard terminology for this request?

Again do you see little value in asking a solicitor to write any letter in relation to the wife's antics?

Lastly is this a service you can offer or recommend someone who can assist for a reasonable fee?

Thanks,
Barry
Expert:  Remus2004 replied 3 years ago.
Just ask a solicitor to write a letter. They will take instructions from you and put it into words. You actually might find it cheaper to use a barrister under public access. There is no need to worry about the wording yourself.

I don't see any merit really in sending two letters to them. That would rack up the costs. there is no reason that in the same letter reference to her conduct could not be made.

I am not allowed to act for you directly under the rules of this site but I know that these barristers

http://www.9stonebuildings.com/my_cv.shtml

http://www.churchcourtchambers.co.uk/index.php/members/lesley-manley

http://www.churchcourtchambers.co.uk/index.php/members/jo-morris-2003

are public access registered.
Remus2004 and other Property Law Specialists are ready to help you
Customer: replied 3 years ago.
Jo,

That's perfect. Thanks for your assistance and I will reach out to them tomorrow.

Thanks,
Barry
Expert:  Remus2004 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’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/