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Right to park and solicitors legal "explanation"

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Re: Right to park and solicitors legal "explanation"

Postby Horticgirl » Tue Aug 16, 2016 5:23 pm

There might be crossed wires! I haven't been exchanging letters for 10 years . We have had trouble on and off for 10 years with our neighbour and coincidentally Shootist referred to another entirely different person who had been corresponding for 10 years with an opposing solicitor.

I have drafted a reply. I doubt it will be the last word but maybe........ I will keep you all posted.
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Re: Right to park and solicitors legal "explanation"

Postby atticus » Tue Aug 16, 2016 5:32 pm

Please do not follow the idea of charging for your reply. You won't collect. You may get something by way of 'costs' if this goes to court and you win, but that is a separate question, and at this point in time you really do not want to go there.

When responding to unreasonable requests, it is best not to make unreasonable requests of your own.
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Re: Right to park and solicitors legal "explanation"

Postby Horticgirl » Tue Aug 16, 2016 7:52 pm

atticus wrote:Please do not follow the idea of charging for your reply. You won't collect. You may get something by way of 'costs' if this goes to court and you win, but that is a separate question, and at this point in time you really do not want to go there.

When responding to unreasonable requests, it is best not to make unreasonable requests of your own.

Thank you. I had not taken that on board as anything more than the spirit in which it was probably suggested.
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Re: Right to park and solicitors legal "explanation"

Postby diy » Wed Aug 17, 2016 1:50 pm

It seems he is establishing a paper trail that grants him the right to park on your drive. There is plenty of case law on the right to pass and repass not including parking. also did he obtain planing consent to install the gates? if they are adjacent to the highway, he needed planning approval, which by the sound of it might get rejected due to the proximity to the highway.
My suggestions are not legal advice
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Re: Right to park and solicitors legal "explanation"

Postby Horticgirl » Wed Aug 17, 2016 3:46 pm

The gates he has installed lead off our drive rather than the highway, and are set back from the boundary with our drive by about a foot or two. This was no doubt deliberate because otherwise he would have needed planning permission as ours us a listed building!

We already have a gate at the entrance from the highway so if that is closed he now has to open two gates to get a vehicle into his property.

What do you mean by establishing a paper trail? It did occur to me that he might inform any prospective purchaser that we have been "told by a solicitor" that he can do park larger vehicles on our drive for unloading, if they can't get onto his land.
What happens if it's just inconvenient to open his gate because the little remaining space is already occupied by a table and chairs, or the washing line? It's easy to imagine it becoming more and more frequent.
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Re: Right to park and solicitors legal "explanation"

Postby atticus » Wed Aug 17, 2016 4:15 pm

I can't see that (paper trail). It is not how easements are created. A buyer's solicitor should be unimpressed.
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Re: Right to park and solicitors legal "explanation"

Postby diy » Fri Aug 19, 2016 7:15 am

I'm imagining something that resembles a 'Y' you own the trunk and one branch, he owns the other. there are gates at the trunk yours ( were they recently installed?). he has installed gates on his branch close to the trunk. and now realises he's created a problem with access.

it may be simpler to refer him to the document setting out his rights and assert that you do not agree to any modification or amendment to these without acceptable consideration or advise him to install an access system to open the gates from him mobile phone etc. to allow visitors and deliveries.
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Re: Right to park and solicitors legal "explanation"

Postby Horticgirl » Sat Aug 20, 2016 9:55 am

diy, that's a reasonable description of the layout for these purposes. However his branch of the "y" consists of a small courtyard/parking space, as opposed to a further section of driveway leading to his house.

The gate at the entrance to both properties has been there for decades ( it was historically part of an old forge/ wheelwrights) and is quite large. There's no legal issue over it because it is referred to in the deeds, and is open more often than closed.

However, the neighbours gate at (or very close to) the boundary of his land was only installed a year ago.
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Re: Right to park and solicitors legal "explanation"

Postby diy » Mon Aug 22, 2016 12:40 pm

Have a look on the planning portal https://www.planningportal.co.uk/info/2 ... rden_walls to see if he needed permission to install his gates.
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