Land dispute with neighbour

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  • Jon66
    replied
    You say you allowed him to park there. Did you expressly give him permission because if so he cannot claim adverse possession?

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  • leaseholder64
    replied
    Quietlife Life: You appear to have hijacked someone else's thread on another topic. If not too late, please delete the posting and start again with a thread of your own. If too late, I'd suggest starting a new thread then posting a link to it here.

    Also, please break the posting up into paragraphs.

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  • Quietlife
    replied
    We own a property which is reached by a private drive. There are 6 properties off this drive. Half of the drive (lengthwise) is on our deeds and the other half is on one of our neighbours. There are specific references to keeping the drive free of obstruction etc on our deeds.

    One property applied for planning permission for a garden grab building plot before we moved here. From all accounts the existing neighbours were very trusting and what ended up being built ( 3 storey 7 bed house with double garage) was not what had been suggested to them by this former neighbour. He moved into the new house and sold the older property. On the last sale of the older property the land registry noted that although some covenants were referred to they were never produced at first registration. The previous owner did a stat dec saying he had used the drive for 20 years and transferred that right to the new owners.

    The new property deeds are silent as to rights of way and it has not been there for 20 years. This has been bought by a family who want to further extend it and add 2 double garages with accomondation over. Everyone off the drive objected and through hard work we found out that what is built is not in line with the planning permission given. This is more than 10 years ago so the planners basically don't care. We objected to the new plan based on overdevelopment AND that the house had no legal right of way over the drive to get to it. We were told this is a legal matter and not a planning matter but as the house is the first on the drive whatever they do in terms of construction traffic etc affects everyone so we battled on. It went to committee and they refused it based on over development of the plot.

    We have now received a new standard form with the architects as the applicants but there is no application on the council portal as yet. My question is this:
    Do they realise they need permission to use the lane as it is not prescribed in their deeds ( effectively meaning they cannot gain access to their property which we do not know why their solicitor did not spot) and if we say no then does it mean they cannot apply for a new planning permission?
    Last edited by Quietlife; 06-10-2018, 14:21 PM. Reason: Needed paragraphs but should have started a new thread

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  • pilman
    replied
    This situation is not one the police will be interested in as it is a civil matter regarding a possible trespass over land you own or have been in possession of for such a long period that it is now yours to use as your own.

    Civil legal matters need to be dealt with by seeking legal action against the trespasser, so a solicitor is the person that needs to be asked to advise io on this matter.

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  • Raiden328i
    started a topic Land dispute with neighbour

    Land dispute with neighbour

    My property and rentals are all on a main road with 4 houses behind us and to get to them there is a shared path. Originally my wife bought the shop and flat above it where we live about 20 years ago and i've lived there 11 years and together we have bought the 2 flats next door to us to rent and we own the leasehold there all on.

    Next door to us is a bit of no man's land and all the houses park there and slowly over the years the people in these houses have paved and claimed bits of this land outside there properties apart from one as he is lazy and doesn't have the money to do it so parking has got smaller. Now for years as there is loads of cars between us all and our drive can fit about 8 cars we have allowed him to park there now and again if he can't park. 2 weeks ago his friend parks on our drive and I said can you please park straight in a bay as your taking up 2 spaces and my tenants need to park so she was fine with it.

    The neighbor has seen this and kicked off at me saying he and friends can park were they like. Anyway we fell out and this morning I spotted him and said lets talk about it and I thought we resolved the issue. Now later in the day he's seen my wife and kicked off at her calling me allsorts and saying were my tenants park the council own that piece of land. She told him yes it was no man's land but as we paved and maintained it seeing as we were the only ones using it plus it being right next door to us the council said we could claim it so we did. He is now saying that part and the shop front is not ours and he will park on the front how he wants and when he wants even tho we all know its ours on the deeds.

    I don't want to get petty but I think we are at the point of no return to be friends again and if he starts should I speak to a solicitor or get the police involved?

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