Neighbours at war - madcop lawyers help !!

[mdh]

I have an alley on my property which my next door neighbour has right of way through to his backgarden.
( I have confirmed this with the land registry I have the freehold but they retain a right of way through my alley to get to their back garden ).

At the moment he keeps shoving cement bags, logs etc up my alley. This has been going on for a while and he's never asked. I was giving him the benefit of the doubt. Now he is taking the p. I am not trying to stop them walking through it as I know they have every right to. I just don't want him shoving a load of stuff up there.

If he keeps shoving his crap up my alley after I have told him, what are my ( legal ) options ?
(I'm aware of all the non legal ones )

As it my land can I assume it is rubbish dumped on my land and dispose of it as I see fit ??

Can any of you lot shed any light on this ?

>>> Edited by mdh on Wednesday 19th February 17:08

>>> Edited by mdh on Wednesday 19th February 17:08

[samn01]

he keeps shoving his crap up my alley

Oh..Er..Misses....

[mdh]

hehehe

Crap as in - stuff. Alley as in a real alley.

[elanturbo]

He has right of way only. This means what it says.
If he leaves his sh!t in your alley, throw it into the street.

[raceboy]

I presume the quite word approach has already been tried

[marki]

so basicaly Hes pushing shit up your back passage ,,, nasty

[mdh]

I'll have to get a 'double entendre' filter for my spellcheker

I have given him many chances to resolve this amicably. I've been trying to do it the nice way. My patience is running out.

[TUS 373]

Just hit him. I find that usually gets the message over.

[eric mc]

Write to him with an "official" type letter reiterating your concerns over his behaviour. Emphasize that you would very much like to resolve the matter amicably but that if he does not stop doing what he's doing, you will be taking the matter further.
Is there an area in or around the alley way, prederably on his own property, where he could store this stuff "out of sight"? Sometimes a compromise maight be the best option.

I'm sure he's contrevening the terms of his "right of way" anyway. If you can quote any "legal" type terminology at him he might be cowed.

[apache]

speak to a lawyer

[JMGS4]

I think you'll find he is only alowwed to "proceed over" your ground, not store or anything ...so as eric said write him an "official" letter...........

[danhay]

Do you both need to be able to use the alley?

If you don't need it and he does, you could try blocking it with some junk of your own...see how he likes that!

[NickD]

If he has a right of way over your property (known as an 'easement' in most cases) then you should not block it - he would be entitled to sue for damages.

However, if he has a mere right of way then doing anything to your land over and above using it in that manner means that he has become a "trespasser ab initio" and you could be entitled to sue for damages or obtain an injunction to prevent him from using it in this way.

I guess if you do want to proceed you could write a letter requesting that he immediately stops dumping on your property. At least then you have proof that you have informed him. If it doesn't stop after that you really need to see a solicitor.

As you'd expect, I caveat all the above on the basis that whoever is giving you advice really needs full details from the Land Registry of the existence of the easement as well as information with respect to the frequency of abuse etc.

[mdh]

Excellent - thanks for the info. I really do like this forum. The range of topics and the help you can get from people is fantastic ( not to mention humourous back passage jokes )

Cheers all.

[madcop]

elanturbo said: He has right of way only. This means what it says.
If he leaves his sh!t in your alley, throw it into the street.

Do not under any circumstances throw it into the street. You will be liable for litter offences. If there is a lot, then you will be done for it.

[bruce fielding]

Try talking to him? It's a revolutionary idea but it just might work...

[madcop]

I would concur with NickD on this. I know that you say you have tried to do this the quiet way. Have you really tried?

It may be the start of a huge domestic problem if you do not appraoch it in a very diplomatic way. After all he is your neighbour and you will still have to live next to each other. It would be far better to make good friends with him and embarrass him into moving his gear out of your passage than to confront him with torts or other legal correspondence.

[englishman in LA]

My parents had a similar deal where they owned the private road and someone else was parking their scrappers on it. In the end that peson had to pay both parties legal costs of around 6k, My parents have a neighbour who screams at them every time he sees them, and the neighbours dog is actively encouraged to crap on my parents lawn.

Suffice to say, talk to the neigbour first.

Steve

>> Edited by englishman in LA on Friday 21st February 00:00

[DanH]

Suffice to say, talk to the neigbour first.

Or stock up on poison dog food.

[outlaw]

DanH said:

Suffice to say, talk to the neigbour first.

Or stock up on poison dog food.

send him abill for storage of the items

as its your land

failimg that smack him one