Bit of advice?

clivvy · 11-06-2010, 20:59

Had a funny one today, will cut a long story short. Neighbours and I share a drive that goes front to back. We both have right of way. A few years ago he tarmacced over the concrete drive on HIS "half" and we sort of fell out. Every now and then I move one of my cars down the drive towards the back so I can swap overvthe cars we have. Today I came home and did just that. Neighbours mum who lives at the house came home from a long holiday and her son, the one we have trouble with, came banging on the door. Basically he threatened me, said the land was his and I didn't ask to park the car there and he said don't park there any more. He got very intense because I started to explain that I meant no harm and thought it was ok as it was temporary. He then threatened me, and said if I did it again, he would pull it off the drive himself. At thus point I said don't threaten me, he said I am threatening you, and I said don't, and don't you touch my car, he then continued with his threat and said he would pull it off the drive. I told him to speak to his solicitor to get things clear because perhaps I have mis understood the agreement for the drive. I understand that yes, the land is probably his and I have right of way, but at the front, half is mine if that is how he wants to be.
My issue is, the threats. I don't mind being asked nit to use it as a parking spot, which I don't, but I need advice on the threat. Is there anything I can do at all? He's made myself and my girlfriend a but scared, and put us on edge, now I am worried that the next time I use the drive for access, and leave the car for a short time, he's going to damage it. Should I seek legal advice, report to police or leave it alone? Problem is we are now on edge over it, and very upset...

Deleted account DD · 11-06-2010, 21:07

Police will advise or deal on public order/criminal/violence/threats etc.

Seek advice from a solicitor re access, its a civil matter

Dont get upset over him. Dick heads like that are ten a penny and they always get their come uppance eventually

(RIP) PLANK · 11-06-2010, 21:13

Living in fear is one of the worst thing people have to endure.

Try to let it go, he has probably calmed down now and feels a bit stupid but isn't brave enough to admit it.

Probably had a bad day and taking it out on you.

Not much help but i do try

paulp · 11-06-2010, 21:44

if you own the house look at the deeds and plans

other than that tell him B@LL@X as he has no right to threaten you and advise him that if he does it again you will report it to the police.

Avoid solicitors if possible they look at this kind of dispute as a licence to print money

PS if the front half is yours he is also screwed so it may also be wise to get a written agreement between the both of you.

paulp

tezzer · 11-06-2010, 22:09

do you have legal cover with your insurance or breakdown provider? if you do contact them for free advice and possibly a letter to put the fear of christ up him over the threats, if you dont have cover phone the RAC and take it out it costs around £25.00 and covers all legal matters, and not just motoring,.

larson · 11-06-2010, 22:13

report it to the police then you have a record of the incident if anything does happen or you can do b.

knock the **** out and stamp onhis nuts.

larson

BigBlack · 11-06-2010, 22:24

You need to look on your deeds and see if it is a right of way, or a shared drive. Basically neither of you have any right to park on it if its classed as a right of way, or access to the rear... that said though theirs no need for this t**ser to come giving it large - aint he ever parked on it for a while?

If its a shared drive its just that 'shared' so their aint no 'his side' or your side!

Does the lad live in the house? I'd be interested in what he's gonna use to 'pull' your car of the drive. Pretty sure thats criminal damage!?!?

This site might be a good read for you.... Garden Law Forum lots of solicitors / conveyours etc on it and its free!

Failing that you aint too far from me.... want me to come park a 6 ton tractor on your drive and tell the c*nt to move that!

patbhoy · 12-06-2010, 10:23

Tell him to take a chill pill, wether you were parked there rightly or wrongly he has no right to threaten you.
Report the matter to the police and get it on record also let them know that you are living in fear of both damage to property and personally, they will hopefully send a community officer to speak to him and he will then be aware that you are not going to put up with his threats.
It wont make for a pleasant atmosphere in which to live but it may make him think twice about further threats.

clivvy · 13-06-2010, 00:34

going to report to police, if only to get advice on what he can or cant do. going to check deeds to make sure the "divide" he has created using tarmac (half tarmacced the drive) is correct and precise. Need to find out if him doing this breaks the agreement of shared access. Hes adament its his land, which is fine if its true, but he never went through anything with us when dividing it up, he just did it even though we said dont. He was threatening, he even said "i will threaten you" and its that, that has scared me. I dont like to be threatened because I didnt deserve it. see what the police say. I did make sure I told him "do not touch my car" and told him to go to his solicitor about the matter (he claimed his maybe is a solicitor and hes told him all he needs to know, wonder if that included a few threats?).

Im not going to let the matter rest, but all I am going to do is check the land deeds and the tarmac issue and if he is allowed to threaten me and what he can do if I do park my car there etc etc, need to be clear about things so I can be happy.

extreme-4x4 · 13-06-2010, 08:22

Quote:

Originally Posted by clivvy

going to report to police, if only to get advice on what he can or cant do. going to check deeds to make sure the "divide" he has created using tarmac (half tarmacced the drive) is correct and precise. Need to find out if him doing this breaks the agreement of shared access. Hes adament its his land, which is fine if its true, but he never went through anything with us when dividing it up, he just did it even though we said dont. He was threatening, he even said "i will threaten you" and its that, that has scared me. I dont like to be threatened because I didnt deserve it. see what the police say. I did make sure I told him "do not touch my car" and told him to go to his solicitor about the matter (he claimed his maybe is a solicitor and hes told him all he needs to know, wonder if that included a few threats?).

Im not going to let the matter rest, but all I am going to do is check the land deeds and the tarmac issue and if he is allowed to threaten me and what he can do if I do park my car there etc etc, need to be clear about things so I can be happy.

up to you buddy BUT to the coppers its your word against his. he could be the biggest arsehole in the world , but they can or will do nothing unless you have witness's.
i have found most even admit they got all shitty . when the coppers visit them with your complaint. but they still wont do any more than talk to them , which wont help " well unless he is a decent chap" but we know he isn't or we wouldnt be chatting about the events here.

my only advise is your the one who has to live there, and your next move is going to change the way you live in your home and possibly surrounding area ... potentially for a very long time ...

honestly try the " have you calmed down" bit first.
you have nothing to loose. if he kicks off again then call the police .... but i fully expect he has calmed down now or just not had a crap day yet

solarman216 · 13-06-2010, 08:33

Some years ago I was involved with a selfbuild group and because of cock ups by the agents in setting out we ended up with a couple of "shared accesses" now although the dividing line was down the middle the owner of that half could not place a bin for instance on his half as it would mean obstucting access for the other person, it all sounds reasonable for reasonable people, but when you get one, like you have, that wants to be difficult, then it can cause so many problems it is untrue, you could end up spending loads of money in court trying to get injunctions etc to stop him doing what we all know he should not be doing, saying it/proving it is one thing, actually getting him to stop is quite another, this is why every legal guy will tel you to sort it out amicably if you can, and the Police will not want to know, unless he goes too far and breaches the peace, and even then they will only deal with the breach of the peace, not with any other issue, and he is NOT ALLOWED to threaten you if he continues to do so he can be arrested, I know this because I had an intruder on my property some months ago and I told him to leave, I have a large yard, and while following him to the gate I noticed a large lever bar laying on the ground, and nowing I would forget it on the way back I picked it up, said guy left, and ten mins later the law was at my gate, saying if I threatened this guy then I would have to accompany then to the station, I told them that if I had been threatening with the bar I would had held it high but I was only carrying it low, it was only when the "intruder" declined to press charges that Mr plod left, and all of this was ON MY OWN LAND, I am told that if I had just physically escorted him from my land that is OK, but I cannot threaten, the law in this country is a bit off to say the least, Rick

clivvy · 13-06-2010, 08:53

Thanks guys. Problem is, the guy threatening doesn't live next door, his mum does. He lives down the road. We don't get on anyway because if this shared drive, and basically from day one, all he has done is being intimidating to get his own way. The shared drive has been an issue for us since they came about, and he's only ever been a dick about it. Acts all pally when he's finished being intense, I can't stand him. We are going to check the deeds, measure up and see if his half Tarmac is ok. Either next time I see him, or next time he taps on the door, I'm going to tell him how it is and record it either on my phone, or get a security camera. I understand about keep the law out of it, but he claims he's spoke to his mate, who's a solicitor, but never ever has he said that he has actually checked the deeds, only that he will do. So it's very unclear. I'm a very easy going chap, and very forgiving and I'll always do anything for anyone, and all he has done is make me feel really bad. I have trouble with my nerves, I'm in propranolol to try and help and I go to therapy groups once a week, and this incident has really upset me.

felixthelogchopper · 13-06-2010, 09:40

Sounds like a chancer to me. It's easy to say his mate is a solicitor, anyone can say that. Up the stakes and tell him your mate is a barrister or judge

One thing to bear in mind, if it gets to the court stage then he has no leg to stand on as he doesn't live there, ie he has no interest in the land to allow him to bring a claim in nuisance, which is what he wants to do ( Hunter v Canary Wharf Ltd ). Funny, you would have thought his solicitor mate would have told him that.

Martin60 · 13-06-2010, 11:24

Quote:

Originally Posted by clivvy

Thanks guys. Problem is, the guy threatening doesn't live next door, his mum does. He lives down the road. We don't get on anyway because if this shared drive, and basically from day one, all he has done is being intimidating to get his own way. The shared drive has been an issue for us since they came about, and he's only ever been a dick about it. .

Ca'nt honestly see where hes coming from.
If he does not live there whats his problem.
Have you approached his mother, what does she say.

As for the water/drainage problem since the drive being tarmaced, (badly laid and no edging

) then you do have rights, especially if his water run off is causing damage to your property.

I had same issue after block paving my drive. Luckily neighbour is understanding. between us we installed some drainage chanels and managed to divert some of run off to the road.

11-06-2010, 20:59	#1
clivvy Senior Member Join Date: Mar 2009 Location: Huddersfield Vehicle: Terrano 03 LWB Posts: 6,947	Bit of advice? Had a funny one today, will cut a long story short. Neighbours and I share a drive that goes front to back. We both have right of way. A few years ago he tarmacced over the concrete drive on HIS "half" and we sort of fell out. Every now and then I move one of my cars down the drive towards the back so I can swap overvthe cars we have. Today I came home and did just that. Neighbours mum who lives at the house came home from a long holiday and her son, the one we have trouble with, came banging on the door. Basically he threatened me, said the land was his and I didn't ask to park the car there and he said don't park there any more. He got very intense because I started to explain that I meant no harm and thought it was ok as it was temporary. He then threatened me, and said if I did it again, he would pull it off the drive himself. At thus point I said don't threaten me, he said I am threatening you, and I said don't, and don't you touch my car, he then continued with his threat and said he would pull it off the drive. I told him to speak to his solicitor to get things clear because perhaps I have mis understood the agreement for the drive. I understand that yes, the land is probably his and I have right of way, but at the front, half is mine if that is how he wants to be. My issue is, the threats. I don't mind being asked nit to use it as a parking spot, which I don't, but I need advice on the threat. Is there anything I can do at all? He's made myself and my girlfriend a but scared, and put us on edge, now I am worried that the next time I use the drive for access, and leave the car for a short time, he's going to damage it. Should I seek legal advice, report to police or leave it alone? Problem is we are now on edge over it, and very upset...

11-06-2010, 21:44	#4
paulp Senior Member Join Date: Apr 2009 Location: essex Vehicle: nissan mistral 27td Posts: 1,043	drive if you own the house look at the deeds and plans other than that tell him B@LL@X as he has no right to threaten you and advise him that if he does it again you will report it to the police. Avoid solicitors if possible they look at this kind of dispute as a licence to print money PS if the front half is yours he is also screwed so it may also be wise to get a written agreement between the both of you. paulp

11-06-2010, 21:07	#2
Deleted account DD Senior Member Join Date: Sep 2008 Posts: 4,705	Police will advise or deal on public order/criminal/violence/threats etc. Seek advice from a solicitor re access, its a civil matter Dont get upset over him. Dick heads like that are ten a penny and they always get their come uppance eventually

11-06-2010, 21:13	#3
(RIP) PLANK Senior Member Join Date: Mar 2006 Location: Central England, in the Heart of the Black Country Vehicle: T2 2004 TDI SE LWB Posts: 7,740	Living in fear is one of the worst thing people have to endure. Try to let it go, he has probably calmed down now and feels a bit stupid but isn't brave enough to admit it. Probably had a bad day and taking it out on you. Not much help but i do try

11-06-2010, 22:09	#5
tezzer Senior Member Join Date: Nov 2008 Location: basildon essex Vehicle: transit camper van 1987 Posts: 2,829	do you have legal cover with your insurance or breakdown provider? if you do contact them for free advice and possibly a letter to put the fear of christ up him over the threats, if you dont have cover phone the RAC and take it out it costs around £25.00 and covers all legal matters, and not just motoring,.

11-06-2010, 22:13	#6
larson Senior Member Join Date: Jun 2009 Location: moomin vally Posts: 1,138	report it to the police then you have a record of the incident if anything does happen or you can do b. knock the **** out and stamp onhis nuts. larson

11-06-2010, 22:24	#7
BigBlack Senior Member Join Date: Jan 2009 Location: West Yorkshire Vehicle: 2005 Terrano II 2.7tdi SE Posts: 568	You need to look on your deeds and see if it is a right of way, or a shared drive. Basically neither of you have any right to park on it if its classed as a right of way, or access to the rear... that said though theirs no need for this t*ser to come giving it large - aint he ever parked on it for a while? If its a shared drive its just that 'shared' so their aint no 'his side' or your side! Does the lad live in the house? I'd be interested in what he's gonna use to 'pull' your car of the drive. Pretty sure thats criminal damage!?!? This site might be a good read for you.... Garden Law Forum lots of solicitors / conveyours etc on it and its free! Failing that you aint too far from me.... want me to come park a 6 ton tractor on your drive and tell the cnt to move that!

12-06-2010, 10:23	#8
patbhoy Senior Member Join Date: Jan 2010 Location: Bridge of Weir, Scotland Vehicle: Nissan Patrol GR SE 2.8TD Posts: 526	Tell him to take a chill pill, wether you were parked there rightly or wrongly he has no right to threaten you. Report the matter to the police and get it on record also let them know that you are living in fear of both damage to property and personally, they will hopefully send a community officer to speak to him and he will then be aware that you are not going to put up with his threats. It wont make for a pleasant atmosphere in which to live but it may make him think twice about further threats.

13-06-2010, 00:34	#9
clivvy Senior Member Join Date: Mar 2009 Location: Huddersfield Vehicle: Terrano 03 LWB Posts: 6,947	going to report to police, if only to get advice on what he can or cant do. going to check deeds to make sure the "divide" he has created using tarmac (half tarmacced the drive) is correct and precise. Need to find out if him doing this breaks the agreement of shared access. Hes adament its his land, which is fine if its true, but he never went through anything with us when dividing it up, he just did it even though we said dont. He was threatening, he even said "i will threaten you" and its that, that has scared me. I dont like to be threatened because I didnt deserve it. see what the police say. I did make sure I told him "do not touch my car" and told him to go to his solicitor about the matter (he claimed his maybe is a solicitor and hes told him all he needs to know, wonder if that included a few threats?). Im not going to let the matter rest, but all I am going to do is check the land deeds and the tarmac issue and if he is allowed to threaten me and what he can do if I do park my car there etc etc, need to be clear about things so I can be happy.

13-06-2010, 08:33	#11
solarman216 Off road maniac Join Date: Dec 2009 Location: Bexhill on Sea Vehicle: Y60 Patrol Me, 3 ltr Mrs Posts: 17,429	Some years ago I was involved with a selfbuild group and because of cock ups by the agents in setting out we ended up with a couple of "shared accesses" now although the dividing line was down the middle the owner of that half could not place a bin for instance on his half as it would mean obstucting access for the other person, it all sounds reasonable for reasonable people, but when you get one, like you have, that wants to be difficult, then it can cause so many problems it is untrue, you could end up spending loads of money in court trying to get injunctions etc to stop him doing what we all know he should not be doing, saying it/proving it is one thing, actually getting him to stop is quite another, this is why every legal guy will tel you to sort it out amicably if you can, and the Police will not want to know, unless he goes too far and breaches the peace, and even then they will only deal with the breach of the peace, not with any other issue, and he is NOT ALLOWED to threaten you if he continues to do so he can be arrested, I know this because I had an intruder on my property some months ago and I told him to leave, I have a large yard, and while following him to the gate I noticed a large lever bar laying on the ground, and nowing I would forget it on the way back I picked it up, said guy left, and ten mins later the law was at my gate, saying if I threatened this guy then I would have to accompany then to the station, I told them that if I had been threatening with the bar I would had held it high but I was only carrying it low, it was only when the "intruder" declined to press charges that Mr plod left, and all of this was ON MY OWN LAND, I am told that if I had just physically escorted him from my land that is OK, but I cannot threaten, the law in this country is a bit off to say the least, Rick

13-06-2010, 08:53	#12
clivvy Senior Member Join Date: Mar 2009 Location: Huddersfield Vehicle: Terrano 03 LWB Posts: 6,947	Thanks guys. Problem is, the guy threatening doesn't live next door, his mum does. He lives down the road. We don't get on anyway because if this shared drive, and basically from day one, all he has done is being intimidating to get his own way. The shared drive has been an issue for us since they came about, and he's only ever been a dick about it. Acts all pally when he's finished being intense, I can't stand him. We are going to check the deeds, measure up and see if his half Tarmac is ok. Either next time I see him, or next time he taps on the door, I'm going to tell him how it is and record it either on my phone, or get a security camera. I understand about keep the law out of it, but he claims he's spoke to his mate, who's a solicitor, but never ever has he said that he has actually checked the deeds, only that he will do. So it's very unclear. I'm a very easy going chap, and very forgiving and I'll always do anything for anyone, and all he has done is make me feel really bad. I have trouble with my nerves, I'm in propranolol to try and help and I go to therapy groups once a week, and this incident has really upset me.

13-06-2010, 09:40	#13
felixthelogchopper Senior Member Join Date: Mar 2010 Location: Essex Vehicle: 1996 Ford Maverick 2.7TDi Posts: 284	Sounds like a chancer to me. It's easy to say his mate is a solicitor, anyone can say that. Up the stakes and tell him your mate is a barrister or judge One thing to bear in mind, if it gets to the court stage then he has no leg to stand on as he doesn't live there, ie he has no interest in the land to allow him to bring a claim in nuisance, which is what he wants to do ( Hunter v Canary Wharf Ltd ). Funny, you would have thought his solicitor mate would have told him that.