Right of way the saga continues help needed

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maclarencat | 12:53 Wed 25th Jul 2012 | Property
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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)


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A simple case of bullying, Mac. If you have no lawyer of your own, then perhaps the Citizen's Advice Bureau. I believe they give a certain amount of free advice.
If the Land Registry entries are clear, then "pedestrian access only" means just that.
Even as a non-lawyer, I can see no way that a Court could support an injunction against you. Issuing an injunction requires a lot more than simply his will. It's a bluff, even if he is misguided enough to think otherwise.

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Right of way the saga continues help needed

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