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

[aaron1234]

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!

 

[Notch7]

, 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?

adverse possession I thought was 12 years

The council has said it's a private dispute and they are not getting involved...

who owns the land?

Any idea how to proceed, please?

you would need evidence where the boundary is and evidence of when the extension was built

 

[blup]

What was the issue over the alleyway, and why didn't the legal action cover the blocked part

 

[aaron1234]

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

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.

 

[aaron1234]

What was the issue over the alleyway, and why didn't the legal action cover the blocked part

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

 

[blup]

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

So you have a court finding and are asking about statute of limitations, you seem to have won

 

[aaron1234]

So you have a court finding and are asking about statute of limitations, you seem to have won

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.

 

[securespark]

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?

 

[blup]

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.

You need to pull out the order that the tribunal made

 

[motorbiking]

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.