I live on a private road and someone not living on the road insists he has right to use the road.

Some one not living on our private road insists he has right to use our road. He built a garage on the rear of his garden which backs our private road - but did and does not have permission to use our road. Recently his car was damnaged on the main road and now he insists he has right to use our road to park his car in the garage - we have told him he has no rights - but he got really absusive and rude. PLease advise. We have documents that state he cannot use the road - and that only selected flats - which are numbered on our deeds can if they pay maintaince.
Hindu
Asked Jul 31, 2013
Verify the laws where you live first, but you should be able to post a "No Trespassing" sign. If he doesn't comply, videotape him using the road and prosecute him.
Rob
Answered Jul 31, 2013
Hi Thankyou for responding - we have a sign that reads 'Private road' with numbers of the properties and also states no parking. Should we add no trasspassing to it. The person concerned knows that he is not alllowed to use our road inorder to park in his garage - we have told him and years ago he tried to obtain the usage but was not given the rights /if I recall he was asked to pay for the usage and he did not want to his argument was that he had paid a lot for it to be built ...- and his address is not on our road either. Where do I verify the law?
Thanks once again.
Hindu Jul 31, 2013
What I am worried about is if he continues using the garage and our road we will have to let him - a friend told us.
Hindu Jul 31, 2013
If we take him to court I undeerstand that we will have to pay a lot of money? Not sure but we are in the right
Hindu Jul 31, 2013
What your friend told you is true. The principle is called "laches." It essentially says that you have to pursue an equity claim within a reasonable time or you lose the chance to do it. But again, this all depends on the law where you live. Where I live in the US, trespassing is a crime. If a person goes on property posted with a "No Trespassing" sign they can be arrested and prosecuted criminally. It doesn't cost anything for a criminal prosecution. You just have to prove they violated the law.
Rob Jul 31, 2013
Hi Thanks for this response - the sign we have had for years reads 'Private Road' no parking...it also lists the house numbers of the people on the private road - we have not written no trespassing - should we add it? Live in UK - where would I find out if it is a crime. Infact will add 'no trespassing' tomorrow to the sign. Should we tell them agian that they do not rights to use the road and thus they can not park and then observe to make sure they are stopped. And should we give this in writing or will the sign do? Thanks
Hindu Jul 31, 2013

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