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Shared Access Woes, Advice Needed

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ottosump | 10:34 Wed 24th Sep 2014 | Law
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Hi group, we own a property which has shared gravelled driveway with one other property which we need to pass in order to get in and out. Our deeds state that the driveway should be left clear at all times so that we can egress and access. All was great until the house next door sold and a new neighbour moved in, initially he placed a piano on the entrance which we asked him to move, he promised he would but it’s still there after 9 months, we had to constantly knock and ask for him or his visiting friends to move their vehicles so we could get in or out, initially he was apologetic about it but then he turned and we haven’t seen eye to eye since, he then placed a hot tub at the entrance. Family and friends visiting us have to pass this when it’s in use regularly, then it was a dog kennel, then a triple motorbike trailer, our access is getting narrower and narrower. If the emergency services had to be called I doubt they would get through, can anyone advise on what the best course of action could be.
Kindest regards Otto
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Just to add, the hot tub put broke the camel’s back and we put our house on the market, the kennel & trailer were positioned afterwards, we think he done this deliberately to dissuade people from buying our property.
Yes, I agree that it is very likely he is attempting to make life difficult for your house sale.
The trouble is that prospective buyers WILL be put off by this.
You are going to have to face having a calm polite but business like decision with him to state your legal rights here, else employ a solicitor to write on your behalf.
Unfortunately, you are going to have to state this as an issue on the vendor's property information enquiry form in answer to the question about disputes with neighbours.
You are legally in the right, but sometimes enforcing your rights is painful.
Decision equals conversation. Curse that predictive text.
I don't see it worth your while putting the house on the market whilst this is an issue. Who in their right mind would pay the price you would want in order to involve themselves it that, next to nightmare neighbours ?

Can you not take this to some lower court to sort ? Maybe Citizen's Advice can tell you your options.
go to the council first-secondly you could take him to court, if your deeds are correct you should win and he pays costs-council could also evict him, esp if health and saftey at stake

this is going to sound silly but ill probably remove all his stuff then pretend i didnt know whart happened to it-id also get a big pit bull and stick its kennel in the front yard-that'll give him a fright every time he comes home,
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No, the local authority will not be interested in this. Suggesting that health and safety is at risk is just plain wrong.
You need a solicitor to advise you. If a letter to the neighbour from the solicitor doesn't do the trick you may nee Court action with a view to obtaining a permanent injunction or whatever other restriction is appropriate in the circumstances. The trouble is that if neighbour just ignores it you then have to take further action to try & enforce it. I'm not sure how that would work - in other words, what powers does the Court have to MAKE him stop blocking or part blocking the entrance?
just to say there are a lot of shared drives where I presently live. I did look at a few places thinking I was a nice chap and could get on with neighbours, but finally decided against touching them with a barge pole since one can not tell what the neighbours will actually be like, or whether the existing family will move out and sell to someone belligerent. Reading this I'm glad I opted for one of the few with it's own drive. It cost me but worth the lack of stress.

///council could also evict him,///

Really, from a Private House?
Question Author
I wish I had you foresight old geezer, we had a lovely couple in prior, but due to ill health they had to move into a bungalow..
1.Report to police for 'disturbing the peace' & get a URN no. Plod soon get bored with constant complaints & are forced to act ;)
2. Plod arrange mediation.
3. Mediators advise offender to pay costs, subject to Court.
4. Offender agrees mediation costs & backs off.
5.YOU WIN - lol, rotfl. I did this & still lol.

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