Car trailer parked on my private road - how to get it removed

[carmanmemoranda]

well that's what I was planning.. but I wanted a 'move it or else ...' before I spoke to them in my back pocket. I wanted to know what the or else consequence would be. i.e. if they refuse what could I do about it?

although things are slightly more complicated (see my last post)

In my experience things generally get dealt with easier with a friendly question rather than any threat. Threats only relevant if the friendly questions don't get a result.

In the situation you describe I would offer if I could move it elsewhere for them, exp!aining the reason why you would like it moved.

 

[Mottie]

Having said that, any work van would have difficulty getting past his trailer - so if any trades people are required then three houses would be affected

What about emergency vehicles?

 

[boolie]

What about emergency vehicles?

good thinking. yes they would also have a problem

 

[freddiemercurystwin]

I think we all want to see some photos.

 

[big-all]

something like this
"hello my name is xxxxxxxxxxxxx i live at number xx
i understand the trailer belongs to you
over the coming months i will need wider access as i am having building work done i hope this doesn't cause any inconvenience to yourself
if i can offer any help please ask
if the trailer is not yours my apologies for any trouble caused
your neighbour xxxx"

leave the timespan deliberatly vauge to get them into the move it somwhere else to store mindset rather than how long before they put it back there

 

[conny]

What about emergency vehicles?

If it obstructs a fire engine, they will just handball it out of the way. Won't care where it ends up so long as they can do their job. Ambulance may be a different matter as paramedics are not exactly built/suited to lugging cars/trailers out of their way.
I think the best way is to have a friendly chat and explain that you are going to have some contractors coming to do some work and would they mind if you moved their trailer to another place, so the contractors had a safe access. Keep it friendly without any threats or you may find yourself having to explain to the police for your behaviour. Threats count as intimidation and is a criminal offence, dealt with by police and courts, whereas breaking a 'land' agreement type of thing is simply a civil offence dealt with by civil courts. But imagine the fall out between you and the neighbours, (who will definitely group together!), if you try to take civil action against the trailer owners because they can't/won't move it just to make it easier for you to get out. Bear in mind what you have told us about their age/medical conditions etc.
At the moment you are coming across as the 'new kid on the block' who wants to throw his weight around. Not going to make yourself any new friends, in such a small community, with that impression.

 

[motorbiking]

Dear neighbour,

I understand you own the trailer parked at X, as I am the new resident here, I wonder if you would be kind enough to share details of any rights that you have obtained to park your trailer in the turning area as these weren't discovered when I proceeded with the purchase. Unfortunately, as the land owner, I understand that I have an obligation to ensure that other properties' rights of access is not obstructed. However, before exploring this further, I just wanted to check that you don't have a different view, as the last thing I want to do is get into dispute with my new neighbours.

 

[Bosswhite]

You say you want to know how to get rid of the trailer , this could back fire on you if you intend building work done on your property the residents could get together and refuse b uilders/suppliers from parking in front of your property . Good luck on your intentions .

 

[conny]

Dear neighbour,

I understand you own the trailer parked at X, as I am the new resident here, I wonder if you would be kind enough to share details of any rights that you have obtained to park your trailer in the turning area as these weren't discovered when I proceeded with the purchase. Unfortunately, as the land owner, I understand that I have an obligation to ensure that other properties' rights of access is not obstructed. However, before exploring this further, I just wanted to check that you don't have a different view, as the last thing I want to do is get into dispute with my new neighbours.

This would raise my hackles if I was the recipient.
"I am the new resident". Yeah, so what?
"What rights have you obtained...." The right of custom & practice because I've been doing it for over xx years without complaint.
"....as these weren't discovered when I proceeded with the purchase...." Blame your solicitor/conveyancer for that one 'mate'!
"...as the landowner..." What, does that make you Lord of the Manor and us your serfs?
"I have an obligation to ensure that other properties' rights of access is not obstructed." But you are proposing to block those access with contractor vehicles, if even only for a short time?
"...as the last thing I want to do is get into dispute with my new neighbours...." Not going about quite right then, are you?

So you would get short shrift from me, and probably my neighbours/friends.

 

[boolie]

For those of you who think the neighbors are close knit.. my immediate next door neighbor (who didn't know who owned it) - told me I should charge rent for them storing it on my land! So, I dont think they'll be ganging up on me!! Quite frankly removing it benefits everyone.

Having said all that, they are an elderly couple and his wife has cancer. So, I'm not looking to pick a fight or distress them.

My options I think. Preferred at the top:
1. I want him to move it into his garage (or anywhere else off the access road)!
2. Give me a key to the trailer lock and I'll move it whenever I need.
3. He moves it when I have contractors round - but I have to keep telling him.

Now the tricky thing is how to broach the subject. Not a big fan of writing a letter. I'll have to speak to him. Finding the right words is hard

 

[motorbiking]

which ever way you approach it, you are telling the neighbour not to park in the lay-by. So there is always going to be a feeling of telling off.

What you don't currently know, is if the previous land owner agreed for him to use it.

You also need to be careful that permitted use you agree as a compromise is properly followed up with the appropriate notice to prevent an easement being established.

 

[boolie]

OK I do know he had friction with the previous owners son. I had a new water supply laid a while back and went to all the neighbours and told them (the road needed digging up). They were all very polite and accepting about it, however he did tell me that he had arguments with Mr XXX about the road at the back.. The previous owner passed away and the children sold the property. I think the son (maybe not so politely) asked him to shift it when they were trying to sell it

When I viewed and moved in there was no trailer.. it appeared after I moved in

 

[motorbiking]

Perhaps he agreed to shift it until the property was sold.

In the absence of any right to the contrary you have the power (eventually) to remove it. You must however, work within the Torts (Interference with Goods) Act 1977 legislation. You will probably need some legal help.

 

[boolie]

How about this

Hi P, how are you and how is Mrs P?, actually wanted to ask you about the trailer at the back
I had a window fitter come round to measure up for double glazing and he struggled to get his van out because of the trailer. He'll be back again to do the fitting. Have you got any alternative place where you can store it?

 

[Mottie]

You could ask them why they have it? It sounds like they are never going to use it. Offer to help them sell/get rid of it?