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Property Law - Land dispute with Neighbour

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Keleez | 15:18 Wed 27th Jul 2011 | Law
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The short version...I live in a flat house that was converted into 2 flats, both flats have there own front doors, back doors and gardens, my neighbour who lives in the ground floor flat and myself both own our properties, we have had 3 years of hell with our downstairs neighbour, from destroying our garden in the middle of the night to attacking me from behind and putting me on crutches, and deafening us and other neighbours with music until 4am in the morning as he knows we get up for work at 5am, enviromental health have dealt with the noise problem but the police have never done anything, even when he has attacked us and our property...according to the deeds of both properties there are several communal areas outside for both flats, one very large communal area at the front of the property and a smaller communal area at the back of the property, the lastest problem is this...i purchased a moped for my partner as a surprise birthday present, and as it was brand new, so it was parked outside our front door until registered, it was parked no where near my neighbours front door and we even measure the ground to make sure he couldnt claim he couldnt get past the moped, he had an open space of 6ft around the moped, as soon as he saw the moped parked outside our front door he started causing trouble, the first thing he did was move his large refuse bins and placed them near the moped narrowing the space to about 3ft, then next thing we know the moped alarms were going crazy, he was stood there kicking the front tyre until we opened our front door, then he started screaming at us that we could not park the moped there as we hadnt asked his permisson to do so (for all he knew, the moped, which was under a cover, could have belonged to a visitor of ours) he has guests who constantly park their mopeds outside our front door too the point that we have to climb over the front tyre to get in our front door...so to the question...do we have to ask his permission?...i have checked our land deeds and nothing is mentioned there, and some of our neighbours who live in the ground floor flats have shown me their land deeds which dont mention it there either.
Can anyone help please as im at the end of my tether with this guy.

Many Thanks in Advance
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how long does registration take? What is registration anyway? how did you get it home from the shop? how did you get it to your friends house?
17:22 Wed 27th Jul 2011
it dosen't really matter whether you have to ask his permission as far as i can see. He is a nutter, and if you did ask his permission he would just say no and damage your property, and if you didn't ask his permission he would just damage your property.
In theory, you can't store anything on common ground
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lol yes bednobs he is a total nutter, but there is no where else nearby thats safe to park the moped, at the moment until registration of the bike is complete it is sitting in a friends back garden but it cannot stay there forever.
how long does registration take? What is registration anyway? how did you get it home from the shop? how did you get it to your friends house?
What does it say on your deeds about the communal areas?

If they are rows then it could be that regardless of how much space you give him to walk around he can legaly ask for the whole width to be available.

My advice is SELL the flat and move.
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Registration can take several weeks...When a bike is brand new it has no number plate so cannot be kept on the road, cannot be taxed and cannot be insured, the bike was delivered to my home by the dealer, but as the bike is an import, its up to the buyer to sort out the registering the bike with the DVLA
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My friend lives 2 doors away from me so we pushed the bike there
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Hi cassa333, the deeds say the area where the bike was parked is a communal area for both properties, and both properties should have sufficant space for access to the individual properties, i have rechecked the deeds and spoken to every neighbour in the street who has a moped/motorbike parked outside their flats, all of them checked with the council first, checked their deeds, etc, and they were told that providing the bike didnt, cross an invisable barrier to the next property, that they left sufficant space to enable access to both properties then yes they can park there...we have thought of selling, but as the housing market has crashed we would take a huge loss and end up unable to afford to buy another property...basically my neighbour is a bully, we found out a year ago, that the people we purchased the flat from and the people they purchased that flat from, had all sold up and moved solely because of him
not going to be too easy to sell the property as was one suggestion. Don't you have to declare any 'dispute with the neighbours' when selling?
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yes you are meant to carmalee, but we dont really wish to sell anyway, we have put a lot of time effort and money into making our home a home, and refuse to allow him to push us out, we have just lost friends on the other side of him who have just sold up and moved...but we are stubbon...we are also following the law to the letter, even at the most difficult of times, but when does the law return the favour to us, we have been attacked and our property has been attacked, out of 16 calls to police this past 6 months alone, they only attended once and took a statement, they went to speak to him, but he refused to open his front door, even though they could hear him in there, they never returned, never did anything about it, and never returned my calls, and this is when he attacked me.
Were there any disputes with the previous owners of your flat that can be called on as proof there was a disput of some sort?

If there was a dispute and it wasn't declaired then the seller could, under some instances, be liable.

Check what was written in the sellers pack/information.

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