Harassment warning

[Ganymede]

I don't know about the others but I'm struggling to visualise in my head the layout of your property and where your neighbour is parking etc.

 

Any chance of a better description of the land?

[l1awrie]

Morning

 

The front of my house faces the street, at the side of my house is the drive which runs the length of my garden plus my garage which is behind my garden.

 

The drive continues in front of first neighbours house, which is built side on to the rear of my property.

 

I have a right of way in front of this property in order to reverse my car onto so that I am facing the street to leave.

 

NFH is next, his house is also side on but his garage is built at the end of the drive, the land he owns in front of his garage is insufficient to park his own car on, can't park in garage as that is his workshop.

 

First neighbour has apparently told him he, friends and family can park on the right of way.

 

Hope that helps

[smokejumper]

As is often the case with our problems, we can see an answer to other peoples problems, but can't fix our own.

 

What seems unimportant to some people can be of great importance to the person affected.

 

The trouble with letting things go.............is, people do not realise you are being reasonable and go on to take further liberties, then when you have had too much you do something silly................better to stop it early than let it go and stew over it.

 

I have a personal problem with people and try to limit social contact, I try and analyse things and thought about this, if it was a friend living next door it wouldn't worry you, so I wonder if the idea would be to make friends, he probably has his own issues with you, I don't know.

 

Anyway waffling a bit, just wanted to say, although not a big thing to others, it is to you, so is important you do something if it's bothering you.

What harm is caused by them parking on your drive? How long are they there for?

[Ganymede]

Gany,any chance you can put a link to that info?

 

 

 

http://www.sussex.police.uk/policing-in-sussex/transparency/policies-and-procedures/current-force-policies/protection-from-harassment/

 

 

I assume all forces are issued the same guidance.

[steampowered]

In my personal opinion, calling the courier company and telling them not to park on your land is petty. Taking photos of a courier as "proof" he was parked on your land is also very petty.

 

It sounds like you are trying to cause trouble with innocent third parties like the police officer, the courier company and the taxi who have absolutely nothing to do with the dispute. It is not their fault that you are having problems with the neighbour. I know it must be tempting to try and "get one over" on your neighbour, but being petty and malicious will not help you resolve the dispute. It will only make the dispute worse, it will make you look bad if any part of this reaches court and you will drive yourself mad with rage in the process.

 

I do not understand what this complaint to the police will possibly achieve, other than making you even more angry and wasting even more of your time.

[smokejumper]

Agreed.

 

When anyone makes a complaint, they should have in mind, what they want to achieve ie: money back, up grade, another holiday or new goods etc

All you will get from the Police is an apology if you're lucky and even then, it's not worth the paper it's written on.

[l1awrie]

So I am trying to get one over by wishing to have access to my property at all times. The only option to deal with people trespassing on my property is to deal with them direct. Which turned out to be right because one of the couriers supplied me with a note signed by my neighbour stating that he had parking rights on my property. Which he doesn't.

 

How does protect my property rights make me look bad.

 

As I have said before if you want to let anybody park on and interfer with your property rights go ahead and do so.

 

It rather sounds as though you have interfered with somebody elses rights and come off the worst, otherwise what is with all the name calling.

[Ganymede]

I'm still not sure what exactly the Police have done wrong in this case.

[l1awrie]

Smokejumper

The police are paid out of public funds to a job and they should do it in a professional manner, if you thing that I expect to get an apology off of the police and I will leave it there you are wrong.

 

My next step is to apply for an injunction to keep my neighbour off of my property and obey his covenants.

 

I have put up with this mans nonsense for nearly seven years, but no more.

[smokejumper]

I think they took up the complaint on the neighbours say so of the facts, which were incorrect.

I'm still not sure what exactly the Police have done wrong in this case.

[smokejumper]

Ok I'm on your side, I thought you just wanted an apology, sorry.

Smokejumper

The police are paid out of public funds to a job and they should do it in a professional manner, if you thing that I expect to get an apology off of the police and I will leave it there you are wrong.

 

My next step is to apply for an injunction to keep my neighbour off of my property and obey his covenants.

 

I have put up with this mans nonsense for nearly seven years, but no more.

[l1awrie]

Ganeymede

The police issued an harassment notice on behalf of my neighbour to stop me photographing vehicles that were parked and trespassing on my property, for contacting the companies concerned asking that they did not trespass on my property again and some other such nonsense.

I have not broken any laws or exceeded any rights or infringed on my neighbours rights.

[unclebulgaria67]

At some stage you will realise that it is not worth it and will just let this go. If this has been going on for years, it will be so ingrained that you will be thinking about this all the time, taking over your life. Do you really want this becoming a major part of your life ? If that happens, the selfish neighbour has won. They may eventuallly sell their house and they will move on.

 

If I were you, I would ignore the neighbour and hope that they sell their house soon. Perhaps you should also think about moving, if the situation of having this shared driveway is such a pain in the *ss.

 

I think you have a genuine complaint about the Police, as to issue the harrassment warning without looking into this, sounds to be wrong. If they apologise in writing and withdraw any harrassment warning, then that should be sufficient.

[l1awrie]

Thanks Smokejumper I appreciate your support.

[l1awrie]

UncleBulgaria I appreciate what you are saying but there comes a time when you must stand up to bullies, his actions wil have already affected my selling price, so I must take legal action.

As for selling his property he has withdrawn it from the market, obviously because he has had to declare any disputes, this has also brought to the attention of prospective buyers that he has no land to park on.

 

I do ignore the neighbour the only time he comes to mind is when he is interfering in my property.

[steampowered]

So I am trying to get one over by wishing to have access to my property at all times.

 

Yes. Unless you need to leave your driveway every 10seconds, a parcel delivery does not impede your access. That issue has nothing really to do with access. You may have genuine grounds to be upset with your neighbour, but trying to cause as much grief as possible is not going to help.

 

How does protect my property rights make me look bad.

 

If you want to take this to court you need to look like you are being reasonable. You will need to convince the court that there is a real and substantial reason to grant the injunction. If the court thinks you are acting in a petty and malicious manner your case will get shot down. Courier companies and taxis entering your property is not a substantial interference with your property rights, and this is the kind of thing you will get cross-examined on if you do end up in court.

 

Furthermore, the court will not grant any sort of injunction against third parties - the third parties are not liable for your dispute with the neighbour.

[Ganymede]

Ganeymede

The police issued an harassment notice on behalf of my neighbour to stop me photographing vehicles that were parked and trespassing on my property, for contacting the companies concerned asking that they did not trespass on my property again and some other such nonsense.

I have not broken any laws or exceeded any rights or infringed on my neighbours rights.

 

 

 

But that is standard procedure with a complaint by the looks of it.

[Ganymede]

I think you have a genuine complaint about the Police, as to issue the harrassment warning without looking into this, sounds to be wrong. If they apologise in writing and withdraw any harrassment warning, then that should be sufficient.

 

 

 

See post #9.

 

Assuming all forces follow the same procedure there is no complaint against the Police.

[l1awrie]

Steampowered, It doesn't matter how many times I want to leave my property I should be free to do so whenever I want.

I did not buy my property to provide parking facilities for my neighbours business.

The courier vans would not be on my property if neighbour was not breaching his covenants.

I am not after a third party injunction.

[l1awrie]

Ganymede According to the link on the previous page to Sussex Police information re harassment this is not the way all police forces work.

 

You have to be doing something wrong to warrent the notice.

[l1awrie]

Interesting

 

Intrusion and harassment by neighbours and others

 

In many respects the laws that protect you from the harassment of neighbours and others in respect of property you own or occupy is based on the principle that every person’s home is their castle. The right to keep others out of your property is one of the defining characteristics of property ownership or occupation. Those who are fortunate enough to own or rent their home are entitled to injunctions to prevent intrusion and damages to compensate for trespass.

[smokejumper]

I think it needs to be considered another way.

 

The neighbour only has a right to go on and cross your property.

 

If we forget that for a minute and say that the drive is yours, not your neighbours ( which appears to be the case) then parcel deliveries should not park on your drive, simple.

 

Will your neighbour share the cost when repairs are necessary from constant traffic, I bet not.

 

Now to be fair to the parcel man, does it look like it might also be your neighbours property. Parcel men park anywhere, usually blocking the road and you have to wait until they are ready. Then again we all use them.

[l1awrie]

No it doesn't look like my neighbours property, there is two garages and another house between mine and nfh property.

I am not blaming the parcel men it is only recently that I found out the neighbour was telling couriers that he had parking rights on my property.

[smokejumper]

Out of interest do the deeds say he has to share repair costs to the drive he has right of way over.

[l1awrie]

Yes it does, spilt three ways, but hope to have moved on long before that problem arises