Harassment warning

[The Mould]

The land obviously has a restrictive covenant on it, whichgrants your neighbour the right to pass and re-pass over your property in orderto access his own property. Notwithstanding any such rights granted to your neighbourthereunder, the covenant probablycontains a clause that does not grant your neighbour or any visitor/guest ofhis any right to obstruct the right ofway that the same grants to him, if to do so would prevent you from yourentitled right to leave and access your own driveway, at any time. Is that correct to say?

Can you please post up here the exact – word for word,covenant/private rights of access that affect both yours and your neighbour’sland (minus any personal details of course) to which you are both bound by andare enforceable against you both if either of you should breach the same..

Harassment may be a case, a civil case that is, that you canbring and prove against your neighbour in due course. Rather than his claimthat it is you who is harassing him!

Firstly, please confirm the conditions under the covenantaffecting the land to yours and your neighbour’s property. Further, please posthere the full details of the dispute and how this dispute first came about.

Forget the police, no use to anyone! I might be able to help you resolve thismatter by way of civil process, out here in public forum, as I have had to dealwith harassment from several neighbours on private land & restrictivecovenants attached thereto, including, silent harassment (very difficult toprove), over a number of years as regards harassment and restrictive covenantsand long before I ever became involved with the legal profession on any area oflaw.

Kind Regards

The Mould

[The Mould]

“The only details I wasgiven was the I harassed my neighbour by taking a photo of a courier vantrespassing on my property, that I harassed my neighbour by contacting thecourier company and told them not to park on my property again, this apparentlyinterfered with his, non existant, right to park on my property, that my cctvcoverage shows neighbours garage.”

Theabove complaint does not fall under the provisions of s.1 of the Protection fromHarassment Act 1997.

Kindregards

TheMould

[The Mould]

Before you undertake any legal action against thisneighbour; I would suggest that you write a brief letter to him setting out thefact that he does not hold any lawful right to obstruct your access to yourproperty at any time. Enclose a copy ofthe covenant which affects the land and draw his attention to the fact thatupon his purchasing of his property his conscience was bound to the same, thismeans that, as a matter of law, hemust comply with the same; enclose also a copy of the plan showing thedriveway/road in question which is the subject of the dispute that has arisen.

State to him that he holds no rights recognised under thecovenants or indeed English law that permits him to authorise the obstructionof the access to your property and that if he does not refrain from hiswrongdoing against you as a result of his fundamental breach of the covenantsthat he is bound by, then you will have no option but to commence enforcementproceedings of said covenants against him and if such action should becomenecessary, then, if he fails to comply with the Order of the Court, he may beheld in contempt of Court and may face imprisonment for such.

State that you will give him 14 days to get this matter inorder and advise him to seek professional independent legal advice as to hisposition regarding the said enforceable covenants which he is bound by, failingwhich, you will commence with legal action that will enforce him to comply withhis obligations thereunder without any further reference to him. State thatyour letter is served on him pursuant to s.3 of the Protection from HarassmentAct 1997 in the light of his clear and continued breach of said covenants whichyou believe to be designed to be vexatious and deliberate in order to get arise/a reaction from you to the same and designed to spoil yours and yourfamily’s private right to live in peace and enjoy living in your own home freefrom any nuisance and anti-social behaviour, regardless of any covenants, whichin this instance, provide your private households’ right with even greaterprotection from the course of conduct that he has pursued against you withoutjust cause or reason.

Further to the above, I would suggest that you have a professional sign made and placethe same on your property so that itis clearly visible to all visitors over the land in question.

For an exampleonly; your sign could read as follows:

PRIVATE ROAD, PRIVATEACCESS RIGHTS.

NO UNAUTHORISEDACCESS

OBSTRUCTION OF THISPRIVATE ROAD BY OWNERS OF VEHICLES WHO HAVE NOT OBTAINED AUTHORITY FROM THELAND OWNER OF THIS ROAD MAY RESULT IN ENFORCEABLE LEGAL ACTION BEING TAKEN,INCLUDING BUT NOT LIMITED TO, THE CLAMPING AND TOWING AWAY OF SUCH ILLEGALLYPARKED VEHICLES. ANY DELIVERIES TO No.(state No. or House No. of your neighbour) HAVE NOT BEEN AUTHORISED BY THE LANDOWNER OF THIS PRIVATE ROAD.

TRESPASSERS ON TOTHIS PRIVATE LAND, ENTER AT THEIR OWN RISK, THE LAND OWNER HEREOF DOES NOTACCEPT ANY LIABILITY FOR YOUR HEALTH AND SAFETY.

Kind regards

The Mould

[The Mould]

The Mould that is great the only problem is I don't know whether I would be breaching the harassment notice by writing directly to him.

 

Thank you for your reply l1awrie

 

Can you please post up the harassment notice (minus all personal details).

 

Kind regards

 

The Mould

[The Mould]

You have the covenants and s.3 of protection from HarassmentAct 1997 on your side of this dispute, your neighbour has no law that he canrely upon as a Defence to your actions taken to uphold the covenants and thelaw of harassment. Unless that is, yourneighbour can prove that you are pursuing a course of conduct which you know,or ought to know, amounts to harassment of him; based upon the maters postedhere thus far, I believe that you have grounds to take action against your neighbour for seriousinfringements of your rights which are protected by said covenants.

How can I put this without offending anyone………….. I know the law which I post about here onCAG and my opinion on the particular law affecting this thread and the materialmatters & fact posted here on the same can be relied upon by the op.

Dear op, go to a solicitor who is experienced in this areaof law – restrictive covenants, and ask him for his professional advice andwhat you should do in accordance with the law, direct such solicitor to mycomments and request his professional opinion thereon.

I have first-hand experience of this particular and veryunpleasant area of law – covenants, andI dealt with three (3), that’s right, 3 neighbours who sought to make my family’slife a living hell, I enforced the covenants against them (without any help from a solicitor) and all 3so-called neighbours moved out!

Kind Regards

The Mould

[The Mould]

Mould, I didn't think you could put warning signs threatening clamping or towing on private land any more?

 

Thank you Gany for your reply, if that is the case, then op simply requires to omit the same from any sign he erects on his land.

 

Kind regards

 

The Mould

[The Mould]

I have e mailed the chief inspector asking whether writing to my neighbour about his right to park claim breaches the harassment notice, he has not responded yet.

 

 

 

1. 1 Not to use the Property nor allowor permit it to be used for

any purpose other than as a residential development and purposes

ancillary thereto and not to erect or permit to be occupied

thereon less than 105 dwelling units nor more than 115 dwelliing

units unless the local planning authority object in which case the

numbers of dwelling units shall be agreed between the parties

5. Not topermit or allow any visitors agents licensees or

employees of the Buyer to park their cars or other vehicles

anywhere other than on the Property nor to store any building

materials anywhere other than on the Property

“I have e mailed the chief inspector asking whether writing tomy neighbour about his right to park claim breaches the harassment notice, hehas not responded yet.”

Without delay, refer Chief Inspector to your lawfulrights of access under the restrictive covenants affecting the landon/surrounding property and that your neighbour’s alledged and groundless s.1 harassmentclaim under the 1997 Act is not recognised under English law in the light ofthese covenants, which said neighbour is lawfully bound by, and that you aretaking civil action against him for fundament mental breach of the same, andthat you have put him on notice of such.

Kindregards

TheMould

[The Mould]

I think a visit to spec savers is required. thanks

 

Yes and get their two for one deal:lol:

How many occasions did your neighbour call the police about the alleged "course of conduct pursued by you against him", before the police served the harassment notice on you?

 

I note that you have said that you do indeed ignore this neighbour and his behaviour, which is clearly designed to get a reaction from you, well done, continue to ignore any such behaviour. You have a right to take photographs of any vehicles obstructing your private rights of access ( see - s.3 Harassment Act 1997) the Court will require you to produce evidence of your neighbour's course of conduct that he is pursuing against you and s.3 of said 1997 Act provides you with a lawful right to obtain such evidence. (have a proper read of the Protection from Harassment Act 1997).

 

If neighbour, or any associates of his, taunt you in any way, call police 999 in order to make sure such anti social and harassment behaviour is recorded on police files.

 

As regards the courier Co's parking on your private land and obstructing your private access rights, simply send a brief letter (Special Delivery) to the CEO of such companies enclosing a copy of said covenants and that the land that their vehicles are entering onto and obstructing, actually is owned by you and that you have not provided the required expressed consent for them to enter onto and obstruct the same, therefore, you request that they respect your private property, do not obstruct the same, failing which, you will take legal action against them and obtain a Court Order which will prevent them from any further unlawful entry onto your land and seek costs against them for having to take such action, and in the event of them failing to comply with such Court Order (if the Order should become necessary) then they may be held in contempt of Court and face fines and/or imprisonment.

 

By the way, please post up the harassment notice served on you by the police - minus personal details.

 

Kind regards

 

The Mould

[The Mould]

Police turned up this afternoon, one of the officers being the one who served the harassment notice, despite my telling the police I would not speak to her.

So both were promptly shown the door.

They then went to visit my neighbour who was out, maybe the decided they should check the validity of his claims about the right to park on my property.

I am now just completing my complaint to the IPCC who I don't have any faith in but do so to follow procedures and have a complaint on record elsewhere.

 

Can you also instruct a solicitor to send a letter to your neighbour as regards his obligations under the covenants?

 

Kind regards

 

The Mould

[The Mould]

My dearfellow, please do not send yourneighbour any further letters, do not speak with him and avoid any and allconfrontation with him at this present time, because; in the light ofthe harassment notice served on you by the police, should you breach suchnotice (even though that said neighbour has not provided any proof of hisharassment claim against you) then, the neighbour will simply contact thepolice and inform them that you are continuing to harass him, the police willthen arrest you! As this matter stands, your neighbour has the law on his side!

I havebeen down this road twice before, I really do sympathise with your situationand the upset, frustration and daily anger that such wrongdoing is causing toyou (your private household’s life). There is good and bad in all things mydear fellow, including good anger and bad anger. Take a step back right now and do notundertake any action against this neighbour which will be deemed as bad angerin the eyes of the law.

I amhere with you, and I am certain that the whole Group – CAG, is here withyou, I am certain that we can all helpyou and your household overcome and defeat this thorn in your side. Keep calm my dear friend , if you have afavourite drink that you enjoy such as tea, coffee or rum or brandy, then takea good cupful of the same and lets have a proper look at your options to bringand end to what you & possibly your family refer to as a living nightmare.

Yourneighbour is claiming to the police (withouta shred of evidence) that for the last 7 years you have intentionally harassedhim by pursuing a course of conduct over the same designed to cause himdistress. This allegation does not makeany sense, 7 years of alleged intentional distress/intentional infliction ofemotional distress inflicted upon him by you and only now does he make acomplaint regarding the same to the police. I would apply the golden rule here, that is, if it does not make anysense then it is because it’s not true! No reasonable minded observer wouldever accept that a person has suffered such an infliction by another over aprotracted period of time without having made a complaint to the police (orindeed the alleged wrongdoer) at the first instance of such alleged conduct becomingclear to the “victim” that the same is never going to end.

Whatdoes your copy of your Title Deed show as your land that your property issituated on?

You canrequest a copy of your neighbour’s Title Deeds from HM Land Registry (a smallfee is payable), this will show the land upon which his property is situate andalso show the covenants, you will be able to establish therefrom as to whetheror not he has any rights thereunder to obstruct your land (which I doubt hedoes).

Youstate that his property is a residential place, do the covenants allowprofessionals to carry out their business on the land? Does your neighbour fall under the class ofprofessionals that covenants may grant unto him to carry out his business? If not, contact your local authority andlodge a complaint with them as regards your neighbour’s business operating outof residential premises and request that that investigate and close down suchunlawful use of residential place.

Asabove, please take a step back, take a deep breath, a shot of rum, brandy, tea or coffee or whatever is your favourite tipple and don’t breach the police Notice and don’t playinto your neighbour’s hand.

Comeback on the above, roger – over.

Kindregards

The Mould

[The Mould]

Seems to be a lot of Police bashing for no reason that's all.

 

 

 

 

 

 

No requirement for any investigation. The Police are just following procedure.

 

Police, especially "green" police do not know the civil law. It is my considered opinion that the police in this particular matter have sent a "green officer" who does not understand the statutory law s.1 Protection from Harassment Act 1997 or indeed the common law of (IIED) Intentional Infliction of Emotional Distress.

 

As I have said, I have been down this road before, spanning a 20year period. The neighbour is in the wrong! and the op is in the right - as far as law is concerned.

 

Kind Regards

 

The Mould

[The Mould]

http://legal-dictionary.thefreedictionary.com/covenant

Have a peruse of the above, it may help you.

Kind regards

The Mould

[The Mould]

See

 

http://www.inbrief.co.uk/property-law/restrictive-covenants.htm

See above.

Kind regards

The Mould

[The Mould]

If his declaration with these courier Co.’s contravenes thecovenvenants affecting the land upon which his property is situate, then suchdeclaration is not valid. Request a copy of this declaration made by yourneighbour from these third party couriers Co’s by way of voluntary disclosureand state that if they are not willing to comply then you will make anapplication to the Court under CPR Pt. 31.17 for the same and seek your costs againstthem if such action should become necessary, which you sincerely hope will not.

Further, if he is indeed operating a professional business/providinga professional service as providedunder the prescribed the language of thecovenants from his residential premises,(if any such provision is made thereunder), then you cannot challengethe same.

If no such provisions are imposed under the covenants, thenyou have the law fully on your side, not only under the enforceable covenants,to which your neighbour’s (and indeed all residents upon this land) conscience is bound, but also under the enforcement powers of yourlocal authority, which would require an application for such business use ofany such residential property and of course their written approval of such.

Keep us informed and use the law to protect your householdfrom this nuisance, slowly does it, but you will prevail and succeed. Please do not breach the harassment noticeserved upon you by the inept police.

Kind regards

The Mould

[The Mould]

Smokejumper I don't think it is case of the police taking sides, its more like covering their own backs.

 

Sadly things have been so bad over the last seven years there is no way I could entertain any contact at all with this man.

 

The tone of my posts have given the wrong impression I am a female, a fact I think this man relied on when he started all this trouble, not expecting me to come back at him.

 

regards

 

The tone of your posts have most certainly not given out any adverse impression as regards your character/persona my dear fellow. It is my considered opinion that your posts here have shown that you have been wronged by another over a long period of time and that you are no longer willing to suffer such and that the wrongdoer (your neighbour - for want of a better word, I know, a person who happens to live in the same street as you) has contacted the police in the light of your rightful and lawful protest against him and that he has held the police under the impression that it is the case that he is the victim in this matter!

 

Hold out, for all the help you need is right here on CAG.

 

Kind regards

 

The Mould

[The Mould]

Just had a nice visit from neighbours father threatening me with violence because two years ago, after he and his wife were shouting abuse in front of my cctv, I called him a poisoned dwarf.

Called the police who say they can do nothing because 1 he will deny it and 2 he never touched me.

Waiting to hear from my solicitors.

Still contacting anybody parking on my property threatening them with an action for trespass if they park on my property again.

Copies of any contacts I have made have been sent to the police.

 

This is harassment!! - the police are failing you! Given the information posted here thus far, there should be a record on police files regarding the same!

 

You need to invoke the covenants by way of injunction through County Court relying upon the same and your neighbour's continued breach of the same, further, you need to make the Court aware of your calls to the police against this neighbour's actions and further report to the Court that you consider his actions to be a wrong committed against you under the tort Intentional Infliction of Emotional Distress. The fact that your neighbour's actions have taken place over a protracted period of time in contravention of the covenants, the Haraasment Act 1997 and the English tort of Intentional Infliction of Emotional Distress now require an injunction to be Ordered against him to refrain from obstructing your private rights of access over your land at any time which he is continuing to disregard.

 

You must take legal civil action now!

 

Kind regards

 

The Mould

[The Mould]

Thanks for your responses, I have an appointment with my solicitor on 26 September and intend to apply for an injunction.

I am waiting for the police to call me back re their visit to neighbours father.

 

Good stuff,

 

You have the legally binding covenants, the Harassment Act 1997 and the English Tort Intentional Infliction of Emotional Distress all on your side. Stand firm on the same!

 

Kind regards

 

The Mould

[The Mould]

Something to lighten your mood, a little bit of humour for you as this reminded me of a joke.( not saying your situation is in anyway a joke).

 

A man hears a noise in his garden and looks outside to see two burglars breaking into his shed.

 

The man rings the police and tells them if they come round now, they will catch the burglars in the act, the police say they are too busy at the moment , short staffed and will send someone round when they can.

 

The burglars remain and are emptying his shed into a van, this is going on for a few hours and the man has rang the police three times and gets the same story.

 

The man then rings the police again and tells them that they don't need to hurry any more as the man has shot the burglars.

 

Within 2 mins 6 police cars, a van full of police officers and a helicopter arrive.

 

The burglars are still emptying the shed and a senior police officer say's to the man " I thought you said you had shot them" and in return the man say's " I thought you said you were short staffed and couldn't send any one round"

 

Boom, Boom ;-)

 

 

Very funny Mr Smoke,

 

Good stuff to help L1awrie through this suffocating mess, medicine of laughter is indeed the best solution and in most cases the best and only cure.

 

Godzilla

 

Kind regards

 

The Mould

[The Mould]

Great sight - looked out of the window this morning and there is a removal van outside neighbours house being loaded - I'm so happy

 

1lawrie, can you be so kind so as to inform us all of this matter? What is the situation now?

 

Kind regards

 

The Mould

[The Mould]

smokejumper I live in Kent.

 

I doubt that he will knock on my door, I don't see what he has to discuss with me, if it is tittle tattle from the other neighbour I wouldn't be interested.

 

I just have a feeling that he, like the previous owner thinks he owns my drive, the plan of his property will soon straighten out that misconception.

 

 

Send a brief letter to all neighbours and remind them of the covenants affecting the land upon which their property is situated. State that upon purchasing their property or taking residency of such that their conscience is bound thereby.

 

 

 

State that you do not wish to fall out with any resident,but if your rights under the covenants are not considered nor respected, then you will take all action as is necessary in order to protect your rights to live in peace and free from any nuisance that contravenes the covenants to which all residents conscience are bound by or indeed any action directed at you which contravenes statute or common law. State that these covenants are imposed upon the land and the properties situate thereon for the sake of good order and that any resident who breaches such can face enforcement proceedings whereby upon the Order of the Court to enforce the same that any resident found in breach or in default of any such Court Order can be held in contempt of Court and face fines and or imprisonment for such.

 

 

 

Regardless of any unfounded rumours, you sincerely hope that all residents will act within the law to which they are bound by and that all residents will continue to enjoy the peace and tranquillity and enjoyment oftheir private household’s life and afford all of their neighbours the same.

 

 

 

Get that sign erected, minus the clamping of unauthorised vehicles parked on your land!

 

 

 

Kind regards

 

 

 

The Mould

Edited October 3, 2013 by citizenB
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