Neighbour has built on shared alley and has lost property tribunal.

A

aaron1234

Joined
8 Mar 2015
Messages
91
Reaction score
0
Location
Surrey
Country
United Kingdom
Hello all, I am currently arguing with a neighbour about the alleyway in the back of the house where he lost the case at the First-Tier Tribunal, and now wants to negotiate since he has run out of money to take this to civil courts.

Throughout this, and given that he blocked access, it has come to light that he has built onto the shared alleyway (i.e. outside his boundary), and I am not sure how to proceed... his extension has been up for a few years now, and I am not sure if I have a time constraint? The council has said it's a private dispute and they are not getting involved...

Any idea how to proceed, please? I also cannot get to the extension to take any pictures as he has blocked it up and fenced it... any idea what to do pls?

Thanks!
 
Sponsored Links
aaron1234 said:
, it has come to light that he has built onto the shared alleyway (i.e. outside his boundary), and I am not sure how to proceed... his extension has been up for a few years now, and I am not sure if I have a time constraint?
Click to expand...
adverse possession I thought was 12 years

aaron1234 said:
The council has said it's a private dispute and they are not getting involved...
Click to expand...
who owns the land?

aaron1234 said:
Any idea how to proceed, please?
Click to expand...
you would need evidence where the boundary is and evidence of when the extension was built
 
What was the issue over the alleyway, and why didn't the legal action cover the blocked part
 
Notch7 said:
adverse possession I thought was 12 years


who owns the land?


you would need evidence where the boundary is and evidence of when the extension was built
Click to expand...
Yes so he claimed he maintained the alleyway for 12 years... As far as I know, it is currently unregistered and does not belong to anyone. He wanted to change that and claim it.
 
Sponsored Links
blup said:
What was the issue over the alleyway, and why didn't the legal action cover the blocked part
Click to expand...
No issue; he was just being greedy and wanted it solely for his own use, it did but the tribunal was in our favour and he was ordered to remove the blocked fence. However, he did not and wanted to proceed to the civil courts etc. Which he has now backed down on
 
aaron1234 said:
No issue; he was just being greedy and wanted it solely for his own use, it did but the tribunal was in our favour and he was ordered to remove the blocked fence. However, he did not and wanted to proceed to the civil courts etc. Which he has now backed down on
Click to expand...
So you have a court finding and are asking about statute of limitations, you seem to have won
 
blup said:
So you have a court finding and are asking about statute of limitations, you seem to have won
Click to expand...
Yeah we have but from my understanding and as his lawyers have said. The property tribunal has no legal standing hence why the push to civil courts. Honestly, he’s the biggest t**t and I want to get back to him as much as I can.
 
This disagreement has the potential to consume your time and energy and ruin your life.

How much does what this geezer has done spoil your enjoyment of your property?
 
aaron1234 said:
Yeah we have but from my understanding and as his lawyers have said. The property tribunal has no legal standing hence why the push to civil courts. Honestly, he’s the biggest t**t and I want to get back to him as much as I can.
Click to expand...
You need to pull out the order that the tribunal made
 
No adverse possession claim.

You would need to get an injunction requiring him to demolish and make good the obstruction. It’s unlikely that will be granted if it is seen as unjust. It’s more likely he will be forced to compensate for the loss of land and that won’t be much.

What loss of utility has been suffered by the obstruction? Loss of access?

His lawyer will have told him to attempt to negotiate in the knowledge that going to court is risky.
 
You must log in or register to reply here.
Sponsored Links

Similar threads

D
Adjoining semi Neighbours Roofer has damaged mine
Replies
7
Views
920
Moz
M
M
Shared access with driveway , who owns what.
2
Replies
16
Views
2K
jeds
J
S
Buying neighbours property
Replies
4
Views
909
Steve
S
L
neighbour suddenly objects to something that has been up for
Replies
5
Views
4K
freddiemercurystwin
freddiemercurystwin
M
Shared rainwater
Replies
3
Views
2K
Hugh Jaleak
Hugh Jaleak
Back
Top