Harassment from Neighbour

#1
Dear Colleagues,
I am being harassed by my neighbour, ever since he decided ( without my permission) to get the Council to drop a kerb on a shared drive and park his cars in a manner which impinge and block access to my house. He has regularly removed plantation and bins from my half of the drive and shown aggressive behaviour when questioned. Despite contacting the Council and Police, nothing has happened. As the last straw, I want to contact my neighbours mortgagees ( as they are technically 'occupiers' also ) and notify them of their occupiers behaviour, so that they can exert influence on them. Can I write a letter to the mortgagees that If I have to take this to court to get an injunction, I will join them with the neighbours as second defendants (because I have notified them), and they will have to pay my costs also ? ( the mortgagees could get the neighbours to change their behaviour).
 

Jeffrey Shaw

Member
Staff member
#2
1. The mortgagee is not an 'occupier' and there's no real need or point in making contact. Even successful litigation against the neighbour would have no impact on his ownership or on the mortgage as security for his borrowings.
2. You can sue him for obstruction, of course, but that is expensive.
3. Check your property/contents/car insurance policies. do you have Legal Expenses Cover on any of them? That's the best place to start.
 
#3
Dear Jeffrey, thank you for the response.
I was told by a law centre that according to the case Wheat v Lacon (1966), any third party that has a legal interest in the property, is technically an occupier ?.
 
#5
Dear Jeffrey,

Thanks for the reply. I visited the law centre and the advisor states that because the property is subject to a 'selective licence' as a HMO, this could only be granted by consent from the Mortgagee - which indicates a 'sufficient degree of control' and therefore an occupier ( albeit not in possession ).
Is it a form N1 or N244 to apply for an injunction against the neighbour and prevent him from 'hard surfacing' my side of the driveway ?.

Thanks
 
#7
Jeffrey,

Thanks I will go to the County Court.
I also want to notify the neighbours mortgagees that if he excavates / resurfaces the shared drive, then he needs to serve a notice to me under the Party Wall Act 1996. If he fails to do, then can I use that as a starting point for the injunction ?.
 

Jeffrey Shaw

Member
Staff member
#8
It seems unlikely that the mortgagee will want to become involved in the dispute.
PLUS: it might well decline to correspond with you on grounds of 'data protection'.
 
#9
Dear Jeffrey,

Yes your right.
I've looked at my neighbours title deeds and it states the following in the Schedule of Restrictive Covenants:

"It is hereby agreed and declared that the purchasers shall not be entitled to any easement .....which would restrict or interfere with the free use of adjoining or neighbouring property"

Can my neighbour still acquire an easement by 'prescription' to park cars ? (or is this prevented by the above schedule? )
 

Jeffrey Shaw

Member
Staff member
#10
That agreement and declaration's aim is to deny that any pre-existing easement could affect the neighbouring property.
But it cannot bar any yet-to-be-acquired easement. If the neighbour and predecessors have parked on the offending land for a total period > 40yrs AND if the neighbour can prove this (which might necessitate Statutory Declarations from predecessor owners), that might be a basis for an easement by long user under s.2 of the Prescription Act 1832: http://www.legislation.gov.uk/ukpga/Will4/2-3/71/section/2
 
#11
Dear Jeffrey,
I'm filling out a general injunction form N16a and wanted to ask:
1) If I rent the property ( and don't own it ), can I still take out an injunction against my neighbours?.
2) The form is asking for a signed statement in support, is this a witness statement in accordance with Practice Direction 32 Para 17.1 ?
Thanks
 

Jeffrey Shaw

Member
Staff member
#12
1. As a tenant (non-leasehold owner) who occupies, you might still have rights to seek an injunction on grounds of nuisance etc.- but I cannot say for sure.
2. I have no idea, as I do not handle litigation. Sorry.