RIGHT OF WAY THE SAGA CONTINUES DUPLICATE WITH PROPERTY SORRY

[maclarencat]

Some of you will now I have been talking about rights of way etc well the position now is : Our neighbour moved into a property (a leasehold flat) to the rear of our house approximately 4 years ago. At the time our house was empty We moved into ours 3.5 years ago. We we moved in I looked at the deeds with a fine toothcomb because there is a drive up to the property which is shared between us and the 2 flats to the rear of our house. The drive is owned by the groundfloor flat and it continues up the left hand side of our house culiminating in a turning circle for all 3 properties. To the right of our property there is another area ( I will call it a drive though it isnt) which leads to his front door (he also has another door by the turning circle) When we moved in we pointed out to him that there was no vehicle access for him up the right side but said we did not mind if he used it occassionally. However he has now moved his letter box to that side and has started telling all visitors to use that side and Im of the impression that he is trying to create a right of way for vehicles. There is a right of way on foot to the right of the "drive" . We have become fed up with this as now we have cars going up and down both sides of our house every day so we have told him it is our intention to section off our land which will mean he cannot take a car up there . He has gone balistic even though he was aware of no vehicle access. We have now received a letter saying if we try to block his access he will issue an injunction against us to stop work and will lodge it with the land registry and even if the injunction is subsequently lifted it will will still show as having been placed on our property at the land registry and may affect future sales of our house. My question finally is can he lodge an injunction on our property at the land registry and is it true that this will show for ever even if lifted? He has said that if we block the access it will create problems with vehicles turning which at the moment they are doing in front of our house as he has parked 2 cars a trailer and a bench on the turning circle! I think he is a land nibbler as he has already tried to claim some land from one neighbour and a garage from another! I think the problem is he has turned his garage into a store room and office and his parking area into a garden so now actually has nowhere to park without giving up a piece of his garden which he doesnt want to do (his garden is huge)

[buildersmate]

You are probably right in your assessment that he is a land nibbler. They often attach 'Property Developer' to their CV as well.

If he applies to register with the LR an alteration to the easement (i.e. right to pass/repass by vehicle as distinct from a right to pass/repass on foot) over land that is registered to you, the first thing that happens is that the LR will write to you to ask for your version of events. Only when they are satisfied that his application is valid will they alter his (and your) land title documents.

So nothing will happen regarding the LR.

What you will have to do, of course, when it comes to selling your house is answer truthfully the standard question that a buyer's solicitor will ask regarding 'have there been any disputes regarding boundaries or access arrangements'. So will he, of course. But that question is unconnected to the LR.

[maclarencat]

Thanks buildersmate I was hoping you would read my post. He is driving us nuts! My OH was concerned about his threat to lodge an injunction at the land registry which would remain forever whatever the outcome. I did ring the land registry but they had never heard of this happening but couldnt be 100%sure that it couldnt happen (I dont think the chap I was talking to knew what an injunction was) Keep your fingers crossed that we can resolve this without having to go to court.

[Nibble]

Oi! What's wrong with a [i],


Oh! sorry, <note to self - read full post> ;)

[The Builder]

I didn't see this, Mac. I replied on your duplicate post before I saw that BM was on the case.

[maclarencat]

Thankyou Builder. I wasnt sure which section to post it in and wanted to make sure it was seen :)

[lcg]

i would ignore what he has to say and restrict the access by your property - via a locked gate with only pedestrian access. that way, no cars can access and he can flump off. he is blustering and trying to call your bluff....get the gate x

[maclarencat]

Wheeeeee Just to let you know all you kind people that my neighbour has apologised for all the upset he has caused and agrees he is totally wrong and we are totally right. RESULT!!!!!!!