I really need your advice, guys!

[jims-terrano]

Chances are from what you've said in the past he'll probably just ignore your own letter Clivvy. Still think you are best going to a solicitor and getting it settled once and for all legally.

 

[supergnome]

I think Jim is right. Do it officially. David.

 

[clivvy]

Thanks for the advice everyone. When the house first went up for rent last year, it was advertised as having lots of parking. I rang the estate agent and basically told them to correct the advert as its shared-they didn't know. The advert is currently the same, but I'll ring them tomorrow and ask, that's a good idea.

I'm doubtful he has had actual legal advice. The last time he came round he was extra threatening and did say his "mates a solicitor" and at that point it old him to go back, because its a shared driveway. He then got very angry and began claiming its his land And threatened to "drag your car off it", i replied don't touch my car, he replied he would, i replied dont threaten me, he replied i will threaten you. So you see, he is a knob. Hes trYing to claim the land as his, when it isnt.

We are not talking a few inches here, we are talking an entire driveway. I will write the letter, because thats an advised step. Solicitors monday, so ill see if they want to do the letter, they may need to see my deeds which is fine. I dont want huge costs, and im certain neither does he because he is a money grabber.

What i think, is he is your typical bullshitter. Totally prepared to go as far as he can within the law, totally fine with being hard faced to strangers. I know his sort, and im going to have to call his bluff and put him in his place. If he doesnt listen, it doesnt matter, the fact that i have written the letter, i have the deeds and i have been to a solicitor show i am serious.

To piss him off, im going to suggest removal of the tarmac and restoration of the driveway back to original plan as highlighted in the agreement within the deeds, because he has built on the drive, which isnt allowed, only thing that is allowed is repair and maintenance at both our costs. I know he wont care, but ill say it anyway.

 

[jims-terrano]

Don't write a letter your self mate, let a solicitor do it for you. Best thing with that type of person is to have no contact what so ever because sometimes the heat of the moment can make things worse for both parties. When this is resolved you need to have the boundaries marked, may be a line of bricks set into the surface. Clivvy you held back before because his mother was terminally ill and you did not want to upset her, now shes passed away the gloves are off. Best fight him with a legal person on your behalf, he's probably all talk and may very well go through life treating others in exactly the same way as he has treated you. fight with a solicitor and do not have any contact with him. Slam the door on him when you've explained to go through your solicitor. Call the police if he starts threatening. Make a diary of events and keep the solicitor up to speed with any events or contact.

If you try and sort this out your self you may only make things worse and make you and your wife ill with the stress.

 

[clivvy]

cheers Jim, ill do that, see what the solicitors say on Monday. It may be that at this stage, all I can do is write a letter, or send one via the solicitors, just to set the record straight. Maybe once he sees that I fully understand my deeds, and the division of land and responsibilities, he will back down. we will see!:nenau

 

[rustic]

Get a cct camera with sound, record the threats, you can get cameras really small that will record covertly.

Don't make it obvious that you are recording, like with your camera phone, as he will at best modify his threat, at worse shove the camera somewhere unmentionable, and you won't get all of that on camera...:doh

Don't confront him with the evidence but keep a record of time and date of the threat.
There will be an opportunity for your day in court, and this could help.
Threats are breaches of the peace, and involve the police.

Boundary problems are civil issues and have to be dealt with through the legal system. From what you have said it is clear cut from your deeds, what you don't have, is a copy of his deeds to compare. Only a solicitor will be able to untangle this once both deeds are reviewed.

Well that's my two penneth anyway.
Good luck.

 

[firebobby]

Sorry to hear your problems Clivvy, just glad I have good neighbours and no shared anything.

I do hate prats like your neighbour, he is just a bully mate, he maybe lacking in his manhood.

Now, do you own a video camera, or can you borrow one, if so, set it up in your hall, so it will record what happens and is said at your door, when he calls (as his will) start it recording, if he threatens or lays a hand on you, you will have strong evidence.
Don't get into a slanging match and don't slam your door, why damage your property?
I think you may need to put a sign up saying that CCTV is in action, but not 100% sure on that one.
As others have said, let the legal boys sort it and don't let it get to you, he's in the wrong.
Good luck.
Fred

 

[jims-terrano]

Well said Rustic. Clivvy Land Registry web site allows you to download anyones deeds for a small fee.

 

[firebobby]

You beat me to it with the cctv Rustic

 

[clivvy]

cheers Rustic and Firebobby. I do haev a CCTV sticker in the window, i put that up after his last threats-hasnt been to the door since. I have made it clear to my Window cleaner, who is friends with the guy, that I have CCTV. I do have cameras, but i am investing in some better ones ready for him as I know he wont be able to help himself. I am going to film him, I have a small car remote fob type camera I will setup somewhere to try and capture his threats if they come.

its a real shame, as I am really easy going with stuff. I dont mind sharing at all, which is why he has got away with his attitude for so long, ive just had enough now, i have too much going on in my life now to have this added to the plate.

 

[ClanWolf]

Shame it's so far. I'm sure he'd love it if you hosted a club get together at your place.

What rotten luck if one of the club members departed early in the morning across his lawn

Yeah, I know shenanigans doesn't help, but trust me when I say it's a real tonic.

Spiteful humour aside, agree with all comments regarding doing this legally and formally. Just be prepared for his arsehole rating to go through the roof until some direct and real threat in some form is applied. And I do mean police/legal action/sue his sorry arse etc.

 

[kitchenman]

A friend had right of way problems, got on national TV Neighbours from Hell some years back.
My friend used her houshold insurance to cover the legal stuff, he used legal aid, then moaned that he had to pay it back, all £25K of it, as Windor Davis used to say in It aint half hot mum, 'dear me I am sorry how sad':jesterbg

 

[clivvy]

Shame it's so far. I'm sure he'd love it if you hosted a club get together at your place.

What rotten luck if one of the club members departed early in the morning across his lawn

Yeah, I know shenanigans doesn't help, but trust me when I say it's a real tonic.

Spiteful humour aside, agree with all comments regarding doing this legally and formally. Just be prepared for his arsehole rating to go through the roof until some direct and real threat in some form is applied. And I do mean police/legal action/sue his sorry arse etc.

yeah, i can see that happening. Hes a bit dodgy as far as I can tell. There are some stuff about him i cant talk about on here, that I suspect, and basedon that, im fairly sure he wont want the police around his house.

Just so you understand, he owns the house next door, but he actually lives down the road. To give you an idea, of the sort of man he is. He has this dog, a great big Alsation. he struts about with it, and I do mean STRUT, not on a lead. If he comes up here in his van, and does whatever, then leaves for home, he drives off with the dog in tow, except i have seen him pretty much drive into it. he is a total pratt. This dog is massive, and I am 100% sure that if i had an argument with him, it would get aggressive, and he knows it.

Im so looking forward to speaking with the solictiors tomorrow. If they cant help, i have another solicitor im going to go see with my deeds, and ill pay for a letter to be sent to him regarding the shared driveway. ill just make it look like im being all helpful with him getting tenants, where in reality im showing him i know what he is up to. there have been several occasions where he has even suggested erecting a wall down MY side of the drive, to essentially m,ake the drive look like his. this is how petty he is. he cant share. I know this because he is the same with his neighbours.

ah, should be fun next week, but i jus thope that I can put an end to his stupidity once and for all.

 

[clivvy]

A friend had right of way problems, got on national TV Neighbours from Hell some years back.
My friend used her houshold insurance to cover the legal stuff, he used legal aid, then moaned that he had to pay it back, all £25K of it, as Windor Davis used to say in It aint half hot mum, 'dear me I am sorry how sad':jesterbg

yeah, I find out tomorrow if i am covered by my insurance. I think i am, because you have to qualify 50% or more prospect, i think that means prospect of winning a case. It will become a case, if he claims the land is still his after a letter is sent. I am pretty sure I qualify, so I am prepared to take a chance and make a case. It will involve an Expert Survey on the land, deeds etc, which will be sent to the insurer. He will have to do the same, then the courts decide who they believe. based on mydeeds, in which I have the actual drawings and plans, he cant possibly win if his claim is that he owns the drive!

I see it going this way-I send him a letter, he only goes as far as being a bitch, and probably denies it. End of the day, he can SAY what he want, words arent contractural, it just makes his property look better to prospective tennants. However, its a long time coming, me showing him i know the score too and im prepared to go legal if needs be. End of the day, im not a big mouthed dick like him, so I wont be banging on his door, huge dog in tow, telling him what I think and what Im going to do. He is a total loser. What I will do though, is make trouble for him through the solicitor. I hope it costs him.

 

[glanrichbex]

You do not need to involve solicitors at this stage, they cost loads of money, only honest people are frightened by them and quite often charge you lots of money for things you could be doing your self.

If it states in the land registry documet that it is shared, then this arangement does not alter, it just means you and the new ocupier share the land in the detail.

If the land has been used uncontested by your neignbour for 12 years, they can claim an easment and continue to use the land without any agrement via land registry. They would not be able to claim this land as part of their estate should they wish to sell.

If you have proof you have used this land in the past 12 years then neither your neighbour or you can claim possessory title and it remains joint.

Basically, he can claim all he likes, if he decides to sell and wishes to add the bit of land to his estate, his solicitor will have to apply to land registry to do so. If his solicitor is sensible he will do a search only to find what is already known. If his solicitor is foolish enough to apply for outright title, you can persue for proffesional neglegence and it will be reverted to the current state.

 

[clivvy]

thanks for this. Yes, the title deeds are pretty clear. the word "shared driveway" isnt used of course, because it is from 1965, so its all "number 18 has row over number 19" and vice versa. We have been here 12 years, and the drive has been in constant use by us for that time. All he does, is park his clapped out BMW at the bottom (we found out that he does this, so we dont "steal his land" ha ha ha what??)

im not worried any more about his claims, although i will still write a letter or even mention it to him next time i see him.

You do not need to involve solicitors at this stage, they cost loads of money, only honest people are frightened by them and quite often charge you lots of money for things you could be doing your self.

If it states in the land registry documet that it is shared, then this arangement does not alter, it just means you and the new ocupier share the land in the detail.

If the land has been used uncontested by your neignbour for 12 years, they can claim an easment and continue to use the land without any agrement via land registry. They would not be able to claim this land as part of their estate should they wish to sell.

If you have proof you have used this land in the past 12 years then neither your neighbour or you can claim possessory title and it remains joint.

Basically, he can claim all he likes, if he decides to sell and wishes to add the bit of land to his estate, his solicitor will have to apply to land registry to do so. If his solicitor is sensible he will do a search only to find what is already known. If his solicitor is foolish enough to apply for outright title, you can persue for proffesional neglegence and it will be reverted to the current state.