My smallholding, adjoins several other small plots of land used as "allotment plots". All of our deeds show that we have access anytime day or night via a shared access track. The access track has a padlocked gate (which I put there 12 years ago). All plot holders have keys to the gate, so we all have access available at all times. All plotholders have as a courtesy to others locked the gate when entering or leaving so as to help keep the site secure.Now, one of the quarter acre plotholders has put a sign up on my gate stating that he is unhappy with the noise my generator makes and as a protest he will no longer be closing or locking the gate at any time. My generator has in the past been the subject of enquiry from him and the local council, however, I have had Environmental Health out to carry out readings etc and I have in writing that there is no nuisance noise issue and therefore there is no action to be taken against me whatsoever. Since seeing the notice on the gate I have contacted Environmental Health and they have confirmed no complaints have been made and that my generator was not causing any problems.I beleive the neighbour has found the generator noise to be problematic as he has been virtually living on his property (he should only be staying a maximum of 28 nights under agricultural planning rules). He has no planning permissions whatsoever and therefore should not be staying all of the nights anyway....At least two other allotment plotholders are very unhappy with this person as all of our properties, possessions and all of my livestock are now at risk of theft, trespass etc.I also wonder if the gate was left open constantly by this neighbour would any of our insurances be valid in the event of a theft?The police have suggested I get legal advice.
Province/Country relating to question : England
Contacting local Police, who adivsed getting legal advice.
Contacting Planning Enforcement and local Environmental Health.
Thanks for your question. Please remember to click ACCEPT once you get my answer.Is there a clause in your agreement that states it can be terminated for annoyance to others?
There is no written agreement regarding closure and locking of the gate. (The gate is not mentioned at all in the Deeds). However, when this individual purchased the land, this system had been up and running for many years by plotholders and he was given a key to the padlocked gate so that he would have access at all times - as stated on his Deeds.
For the last four years, since he purchased the plot he has always closed and locked gate when entering or leaving.
What you can do is get a Solicitor to write a letter.This is called nuisance, because he is causing an annoyance.If he refuses to do anything then you can seek a Court order compelling him to lock/close the gate.If the Court grants the order and he refuses he could be sent to prison for contempt.But you would need a Solicitor to draft an application and present the argument in Court.As for insurance, it may well invalidate the policy - because all reasonable steps have not been taken to secure the site.You should check with the insurers to see if it would invalidate the policy. Please remember to click accept or rate my answer so that I am credited for my time. Thank you.
Called to the Bar in 2007
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