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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I live in the Snowdonia National Park on a short side

Resolved Question:

Hi - I live in the Snowdonia National Park on a short side road, on which my cottage is the only residence, at the rear of my neighbour's house which faces the main road.
My issue is that over the last year or so, he has been increasingly repairing cars in his driveway about 8 feet from my building which abuts his property. At the moment there are two cars on the road waiting to be repaired with one in his driveway on which he is presently working. He works on them sometimes all day(although not every day because he has another job) and into the evening.There is a constant plethora of noise so that I am unable to open my windows in my living room (which faces the street) and my bedroom (which overlooks his property) because of the noise factor. In addition, there is a two feet space between my house and his shed in which he continues to store old car parts, creating an unsightly mess, even though there is a 6 foot right of way in favour of his neighbours to allow access to the rear of their property. He allows his neighbvour to access his lands at another point, but the right of way is still in effect and written into his deed. Every time I want to wash my window or do some work on the abutting wall I have to ask him to move his junk. It is intimidating and something I shouldn't have to be going through. I am a pensioner and this constant anxiety is wearing me down. I am at the point of selling up and am turning to you for some guidance. Thank you in anticipation. for any
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you.
Have you complained to the Council yet please?
Customer: replied 2 years ago.
Not as yet. Since I live in the Snowdonia National Park I was under the impression that it would take precedent over the Council. I know that repairing cars on a residential street for selling purposes is illegal, but does that also apply to private land and would it involve the police. I should mention that across the road is an ex-Council yard which was sold off a year ago for storage lock-ups while I was out of the country. I had no opportunity to appeal against the use. The cars that my neighbour has repaired are being stored in this yard where they are being displayed (presumably as a used car lot) which leaves me to believe that my neighbour owns an interest in the site. How could a piece of land formerly owned by the Council, which is essentially owned by the tax-payers, be sold off to a private business without being notified of the intended use . Please advise.
Expert:  Ash replied 2 years ago.
Ok. I was thinking you may contact the Council especially if it raises a planning issue, by having a number of cars etc. So check with the Council first. The next option is if you can show it is causing you harm to health etc, ie you can't sleep the Council should look at it anyway. This is because it may be a breach under the Environmental Protection Act.
The Council can investigate, install noise monitoring equipment and prosecute where necessary. Or you can take action yourself, this is called a statutory nuisance if there are noise and smells etc. You can get a Solicitor to write and ask him to stop or say you will go to Court.
If he refuses then you can issue proceedings. You would need to complete form N208:
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n208-eng.pdf
And N16a:
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n016a-eng.pdf
The Court will list the matter for hearing and decide whether to make him limit or stop the activity. If he refuses this is contempt of Court which he could be warned, fined or sent to prison.
Can I clarify anything for you about this today please?
Alex
Ash and other Property Law Specialists are ready to help you
Customer: replied 2 years ago.
Thank you. The information you have given me is enough to pursue my case to whatever end is necessary. Regards, David