Removing a vehicle blocking access
Discussion
I have been asked for help by a friend, who is having difficulty with a neighbour over right of way.
They have a parcel of land which they hope to sell for development, with a narrow access alongside the neighbours property.
The neighbour has right of way to the rear of his ORIGINAL property, where he bought a small strip of land to extend his garden... to which there is NO right of way - i.e. the RoW only applies to his original property.
He chose to secure this with a gate across the right of way, and gave the owners a key - but he is not keen on the development behind him.
The owners now wish for a contractor to smarten up the site which is just grass and shrubs at present, and to landscape the boundaries to make it attractive to potential purchasers.
My friend has employed a solicitor to act over the land sale, and they recommended advising the neighbour of the work, and the removal of the gate, since this has not been done by him as instructed. It will be left on the neighbours land.
IF the neighbour tries to block access by parking a vehicle in front of the gate, what options are open to the contractor or my friend? If they cut the lock are they merely liable to replace it?
I believe the police might now able to arrange for such a vehicle to be towed in such circumstances... I know they have threatened this in Windermere over an access that was blocked, but the solicitor has not offered any advice on this, and delay will cost - money for the contractor, and legal fees in delaying the sale of the property.
Finally the neighbour is in (legal) possession of a shotgun, and has in the past threatened to use it to enforce his arguments over matters with somebody else - which is why my friend has employed a contractor! Should he warn the contractor of this if he has no evidence that threats WERE made?
This is in Lancashire if that makes any difference.
They have a parcel of land which they hope to sell for development, with a narrow access alongside the neighbours property.
The neighbour has right of way to the rear of his ORIGINAL property, where he bought a small strip of land to extend his garden... to which there is NO right of way - i.e. the RoW only applies to his original property.
He chose to secure this with a gate across the right of way, and gave the owners a key - but he is not keen on the development behind him.
The owners now wish for a contractor to smarten up the site which is just grass and shrubs at present, and to landscape the boundaries to make it attractive to potential purchasers.
My friend has employed a solicitor to act over the land sale, and they recommended advising the neighbour of the work, and the removal of the gate, since this has not been done by him as instructed. It will be left on the neighbours land.
IF the neighbour tries to block access by parking a vehicle in front of the gate, what options are open to the contractor or my friend? If they cut the lock are they merely liable to replace it?
I believe the police might now able to arrange for such a vehicle to be towed in such circumstances... I know they have threatened this in Windermere over an access that was blocked, but the solicitor has not offered any advice on this, and delay will cost - money for the contractor, and legal fees in delaying the sale of the property.
Finally the neighbour is in (legal) possession of a shotgun, and has in the past threatened to use it to enforce his arguments over matters with somebody else - which is why my friend has employed a contractor! Should he warn the contractor of this if he has no evidence that threats WERE made?
This is in Lancashire if that makes any difference.
Mill Wheel said:
I have been asked for help by a friend, who is having difficulty with a neighbour over right of way.
They have a parcel of land which they hope to sell for development, with a narrow access alongside the neighbours property.
The neighbour has right of way to the rear of his ORIGINAL property, where he bought a small strip of land to extend his garden... to which there is NO right of way - i.e. the RoW only applies to his original property.
He chose to secure this with a gate across the right of way, and gave the owners a key - but he is not keen on the development behind him.
The owners now wish for a contractor to smarten up the site which is just grass and shrubs at present, and to landscape the boundaries to make it attractive to potential purchasers.
My friend has employed a solicitor to act over the land sale, and they recommended advising the neighbour of the work, and the removal of the gate, since this has not been done by him as instructed. It will be left on the neighbours land.
IF the neighbour tries to block access by parking a vehicle in front of the gate, what options are open to the contractor or my friend? If they cut the lock are they merely liable to replace it?
I believe the police might now able to arrange for such a vehicle to be towed in such circumstances... I know they have threatened this in Windermere over an access that was blocked, but the solicitor has not offered any advice on this, and delay will cost - money for the contractor, and legal fees in delaying the sale of the property.
Finally the neighbour is in (legal) possession of a shotgun, and has in the past threatened to use it to enforce his arguments over matters with somebody else - which is why my friend has employed a contractor! Should he warn the contractor of this if he has no evidence that threats WERE made?
This is in Lancashire if that makes any difference.
I'm sure the contractor would like to know about being threatened with a shotgun. If someone threatened to shoot me I would also be letting the firearms officer know. I believe they take a dim view!They have a parcel of land which they hope to sell for development, with a narrow access alongside the neighbours property.
The neighbour has right of way to the rear of his ORIGINAL property, where he bought a small strip of land to extend his garden... to which there is NO right of way - i.e. the RoW only applies to his original property.
He chose to secure this with a gate across the right of way, and gave the owners a key - but he is not keen on the development behind him.
The owners now wish for a contractor to smarten up the site which is just grass and shrubs at present, and to landscape the boundaries to make it attractive to potential purchasers.
My friend has employed a solicitor to act over the land sale, and they recommended advising the neighbour of the work, and the removal of the gate, since this has not been done by him as instructed. It will be left on the neighbours land.
IF the neighbour tries to block access by parking a vehicle in front of the gate, what options are open to the contractor or my friend? If they cut the lock are they merely liable to replace it?
I believe the police might now able to arrange for such a vehicle to be towed in such circumstances... I know they have threatened this in Windermere over an access that was blocked, but the solicitor has not offered any advice on this, and delay will cost - money for the contractor, and legal fees in delaying the sale of the property.
Finally the neighbour is in (legal) possession of a shotgun, and has in the past threatened to use it to enforce his arguments over matters with somebody else - which is why my friend has employed a contractor! Should he warn the contractor of this if he has no evidence that threats WERE made?
This is in Lancashire if that makes any difference.
surveyor said:
I'm sure the contractor would like to know about being threatened with a shotgun. If someone threatened to shoot me I would also be letting the firearms officer know. I believe they take a dim view!
Report the shotgun threat to the police. It is possible they will seize it whilst they investigate. And then possibly rescind the licence.I suggested it should be reported, but as far as I am aware, the threat is hearsay from another party, and my friend is reluctant to involve the police without firm evidence, thinking they will just think the reported shotgun threat is connected with the access dispute.
I have told him to simply let the contractor know of the rumour, and also to inform him immediately of any attempt to obstruct, and for him to call 101 or 999 depending on the perceived threat!
I have told him to simply let the contractor know of the rumour, and also to inform him immediately of any attempt to obstruct, and for him to call 101 or 999 depending on the perceived threat!
A public right of way is different to a private right of access.
You are legally allowed to take an 'abatement' for an obstruction on a public right of way. This basically means you may take action to remove or reduce the obstruction. The action should be proportionate and breaking a lock and removing a gate should be OK.
This is a common occurrence Green Lanes when some land owners seek to prevent use and that is the typically action take.
I would warn the contractor and report the threat to the Police who could well remove him from the scene for the work to take place.
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