Harringay, Haringey - So Good they Spelt it Twice!

Driveway access problem

Ive got a tricky problem and would be glad to hear any suggestions. I have a garden flat in a converted property. There is a driveway to the side of the property. We have all bought the freehold, but the original freeholder has been able to retain the freehold of the driveway and small garage. He is a greedy person and hopes to develop it at some stage. I want to have a large tree in my garden removed and am getting quotes. The problem is that the freeholder has parked an old car at the beginning of the driveway to stop us using it. The car is an old jalopy. The tree surgeons can only work around it at huge expense and inconvenience. This guy is a pain and is very bad at responding to communications and only contacts us when HE wants something. Indeed he is so bad that we bought the freehold at the lowest price only because he did not respond to our legal offers or court letters. Ok I know there are no easy solutions but hey maybe somebody out there is smarter than me(wouldn't be difficult)

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Permalink Reply by Philip on May 14, 2014 at 9:42

Thanks. we do have possession of the footpath running alongside so we have personal access....

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Permalink Reply by Hugh on May 14, 2014 at 9:47

I'm not a lawyer, but I imagine that right of way could have been included in your freehold purchase. It's certainly something that would be looked at by any good solicitor during purchase enquiries. So it's worth checking if there is a right of way clause in the freehold / sale agreement.

What's the additional expense to the tree surgeons? Is it the need to transport cuttings through the house rather than along the side passage? What's the difference in cost between exterior access and no exterior access quotes?

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Permalink Reply by Philip on May 14, 2014 at 9:55

The main issue is that the power chipper and trailer could not be taken up the drive and thus the waste would need to be manhandled and carried to the front of the house where there is unrestricted parking. Of course someone might inadvertently move the car onto the road at some point but I am told the steering would lock.....

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Permalink Reply by matthew cuthbert on May 14, 2014 at 10:04

Sound advice Hugh.

Try reestablishing a friendly neighbour approach, if he is entrenched he will have to respond to kindness eventually, and is a less expensive route long term.
If a group could help restore the Jalopy, it might soften his resolve. Confrontation won't yield much if he is within his legal rights, be nice wait for him to ask for something and suggest a compromise.

We allowed branches to go through our hall when our neighbours tree was reduced, we needed to decorate anyway, just a few green marks on the walls, your tree surgeon should be used to access issues.

Try Cramer Pelmont Solicitors, (to follow up Hugh's thought,) I think they have changed names though.

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Permalink Reply by Philip on May 14, 2014 at 10:32

Thanks, the freeholder is a greedy **** though. I have contacted the solicitors who arranged the freehold buyout so may well need to spend a few bob(Lazells)

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Permalink Reply by John McMullan on May 14, 2014 at 10:31

He's preventing you from claiming an easement into your backyard via his property. I'd look into that because it is something that would definitely prevent him building on it.

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Permalink Reply by Philip on May 14, 2014 at 18:29

Yes that has come to mind. Of course I would never, ever, be involved in such an act of wanton vandalism, though if some hooligans were to do that, it might coincidentally be quite convenient.