Neighbour Wishing to Build Wall Along Boundary Issues

Re: Neighbour Wishing to Build Wall Along Boundary Issues

Postby arborlad » Mon Jul 11, 2016 11:33 pm

BJK2184 wrote:Oh I have someone who fits that profile very well collaborate :)

Do I not have to adhere to the party wall act? Give notice of planned works etc?

The issue is my neighbour will disagree with where my surveyor says the boundary runs - am I allowed to build the wall in this instance? As it will cut across where my neighbour believes it's his land. Also his car is in the way of where the boundary runs.

I'm hoping the surveyor makes him see sense tomorrow but I can't see it.

I can't see how I end this without going through the courts...?



A boundary feature doesn't have to be a wall or fence, it can just as easily be a line of bricks or a pc path edging - a wall is probably not a good idea.
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Re: Neighbour Wishing to Build Wall Along Boundary Issues

Postby BJK2184 » Mon Jul 11, 2016 11:36 pm

Yes sorry not a brick wall - it would preferably be a wooden fence (feathered) so it matches the fence on the other side of our driveway.

But if he disagrees with my surveyors report where does that leave me?
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Re: Neighbour Wishing to Build Wall Along Boundary Issues

Postby Collaborate » Tue Jul 12, 2016 7:50 am

If you go ahead and just get it done then it leaves your neighbour stuffed.
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Re: Neighbour Wishing to Build Wall Along Boundary Issues

Postby arborlad » Tue Jul 12, 2016 8:50 am

BJK2184 wrote:Right - here is an image of what everything looked like prior to our neighbour purchasing the house (to the right)

Our house to the left (with the freshly laid drive)

You will see their side extension which is where the boundary supposedly runs in line with (i have extended with a red line) - if a wall is built there it will leave an opening too narrow as previously mentioned.

(The previous owner did not care for anything really - he had no issue with us laying the driveway as we did... i.e. up to his side extension)

The situation now is the brick wall on running across our neighbours house has been knocked down so they can drive straight onto their driveway.

http://imageshack.com/a/img924/204/peH7VA.png



This (and other) image doesn't seem to be working............
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Re: Neighbour Wishing to Build Wall Along Boundary Issues

Postby BJK2184 » Tue Jul 12, 2016 9:28 am

I still have the issue of his car being parked over where my surveyor has deemed the boundary line to run - they always leave the car sat there and move it rarely as they use their other car.

Questions I Still Have:
1. How do I get this car removed to build the fence that I want to build?
2. My neighbour will disagree with the findings of my surveyor, how can I build a fence in this instance as part of the proposed fence will run across what he believes is his land? Can I build whilst we are in dispute?
3. What if he removes the fence that I have built?

These images will help you see, if you look at image 1 the area of concern is the diagonal line on the boundary of number 25 which runs from the front of their driveway down towards my drive - my neighbour parks his car over that boundary line which is what restricts our access.

Image 1: https://imageshack.com/i/plis2Wc0j (I am property number 23)
Image 2: https://imageshack.com/i/pojeOk3Pp (My title deeds)
Image 3: https://imageshack.com/i/plpJyuFIp (Neighbour title deeds)
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Re: Neighbour Wishing to Build Wall Along Boundary Issues

Postby despair » Wed Jul 13, 2016 4:46 pm

Your neighbour has a wide frontage whereas yours is very clearly restricted
Selfish would be a mild word for your oik of a neighbour
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Re: Neighbour Wishing to Build Wall Along Boundary Issues

Postby Collaborate » Wed Jul 13, 2016 10:44 pm

BJK2184 wrote:I still have the issue of his car being parked over where my surveyor has deemed the boundary line to run - they always leave the car sat there and move it rarely as they use their other car.

Questions I Still Have:
1. How do I get this car removed to build the fence that I want to build?
2. My neighbour will disagree with the findings of my surveyor, how can I build a fence in this instance as part of the proposed fence will run across what he believes is his land? Can I build whilst we are in dispute?
3. What if he removes the fence that I have built?



1. Either you ask the police to get him to move it (to prevent a breach of the peace), or you must seek a court injunction. Check your household insurance policy for legal cover.
2. You just go ahead and get it built. It doesn't matter what he thinks. It's for him to take you to court then, and you have a surveyor's report saying the fence is in the correct position.
3. You contact the police and see if they'll take action for criminal damage. If they won't (and even if they do) it's off to court for a civil injunction and damages for trespass/conversion.
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Re: Neighbour Wishing to Build Wall Along Boundary Issues

Postby BJK2184 » Thu Jul 14, 2016 3:44 pm

Selfish is the nicest word I have heard to date Despair.... :)

Surveyor came out this week and physically marked the boundaries on the ground. Neighbours naturally disagreed saying their surveyor has it down as being different but couldnt produce any documentation to back this up (my surveyor supplied me with an A2 autocad drawn document detailing every boundary line and measurement).

My surveyor also gave him his details for their surveyor to contact him so they can discuss their workings and hopefully agree between them without the need for court (but I'm suspicious that they cannot prove anything with official survey reports and so feel my case is much stronger than theirs). When my surveyor asked the name of their surveyor the female neighbour said she could not remember (really?)

Collaborate - ok thanks for the advice, I might speak to the police beforehand to sound things out and prepare them for a very likely call out.... :)

Court Injunctions.... is a solicitor needed for this? And is it costly? (and could i pass the costs onto my neighbour)?

Thanks

BJK
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Re: Neighbour Wishing to Build Wall Along Boundary Issues

Postby Collaborate » Thu Jul 14, 2016 5:58 pm

BJK2184 wrote:Court Injunctions.... is a solicitor needed for this? And is it costly? (and could i pass the costs onto my neighbour)?

BJK


1. Yes
2. £2-3,000
3. Yes - you'd expect an order for costs against your neighbour provided the appropriate warning letters had been sent.
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Re: Neighbour Wishing to Build Wall Along Boundary Issues

Postby despair » Thu Jul 14, 2016 8:16 pm

Check very very carefully all mortgages,insurances,credit cards,union memberships for legal expenses cover
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Re: Neighbour Wishing to Build Wall Along Boundary Issues

Postby Collaborate » Fri Jul 15, 2016 7:57 am

The above post advises criminal damage. I wouldn't. You're more likely to be arrested.
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Re: Neighbour Wishing to Build Wall Along Boundary Issues

Postby arborlad » Fri Jul 15, 2016 8:24 am

Luigi Mario wrote:I did this twice and both times it resulted in extensive damage to the other persons possession that was on my property and it made the local papers. The neighbours were humiliated. After a few years they moved away.




In which of your multiple threads did this extremely dubious advice appear?

Here's three to choose from:

viewtopic.php?t=19966

viewtopic.php?f=8&t=18574

viewtopic.php?f=9&t=18575
arborlad

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Re: Neighbour Wishing to Build Wall Along Boundary Issues

Postby Collaborate » Fri Jul 15, 2016 9:09 am

Luigi Mario wrote:Hi BJK

There may be another option to consider but I much stress you should seek professional advice first and consider the options. The information I'm posting may be outdated in relation with the law or the poster could be b*llsh*tting. So please take this with a pinch of salt but it can give you idea how to overcome this hurdle and give you the room to set up your fence.

I had a similar (though not exactly the same) issue myself and having taken legal advice it's really quite obvious what to do.

I had to pay for this advice but I'll give it to you free.

Write to him telling him he is parking on your land and to ensure clarity pinpoint where your land ends and the highway or his land land begins with a small sketch.

In the same letter explain to him that he persistantly parks on your property and you are therefore giving him 7 days to remove his vehicle from your land. Go on to say that should he park it on your property ever again you will take steps to remove it yourself and with as little cost to you as possible as you have now made him aware of your propertys boundaries.

Explain that whilst you will be taking all reasonable steps not to damage his vehicle should entry to it not be straight-forward you may have to force entry in order to remove the car from your land and that you will consider him responsible for any costs this might incur (replacement window to release the handbrake etc).

Send it by registered post and keep a copy of this letter and a photo of the vehicle parked on your land with the date on the reverse of the photo.

CARRY OUT THIS THREAT THE VERY NEXT TIME HE TRANSGRESSES ONTO YOUR PROPERTY AND ONCE YOU HAVE CONFIRMED THAT THE LETTER HAS BEEN DELIVERED.

He will undoubtedly call the Police out when you have to damage his car to gain entry. Show the attending officers your letter, proof of delivery and the photo.

They will attend his house and inform him that in their opinion you had given him ample warning of what would happen if parked on your property and that he had brought this situation upon himself.

They WILL NOT prosecute you for damage to his car.

I did this twice and both times it resulted in extensive damage to the other persons possession that was on my property and it made the local papers. The neighbours were humiliated. After a few years they moved away.

HTH


http://www.pistonheads.com/gassing/topi ... erty&mid=0

There may well be the option of towing his car off your driveway and leaving it on the public road. The other option is to jack the car up and pushing off your driveway. Remember the idea is not to upset him to the point he will demolish your new fence.


I usually find that the credibility of a post is in inverse proportion to the amount of capitalisation and bold font.
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Re: Neighbour Wishing to Build Wall Along Boundary Issues

Postby Luigi Mario » Fri Jul 15, 2016 8:26 pm

Sorry Collaborate....

The next time I quote a block of text, I will use italic instead of bold.
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Re: Neighbour Wishing to Build Wall Along Boundary Issues

Postby Luigi Mario » Fri Jul 15, 2016 8:51 pm

arborlad wrote:
Luigi Mario wrote:I did this twice and both times it resulted in extensive damage to the other persons possession that was on my property and it made the local papers. The neighbours were humiliated. After a few years they moved away.




In which of your multiple threads did this extremely dubious advice appear?

Here's three to choose from:

viewtopic.php?t=19966

viewtopic.php?f=8&t=18574

viewtopic.php?f=9&t=18575


It didn't originate from Gardenlaw and has nothing to do with Gardenlaw either. It was taken from the website called Pistonhead and this why I included the web link underneath the bold text so anyone reading it will know where this text originated.

The main point behind the post is there is an alternative option other than seeking an injunction to 'move' the trespassing stationary vehicle.



It is an offence to immobilise, move or restrict the movement of a motor vehicle in a way which would prevent a person (who is entitled to remove that vehicle) from removing the vehicle concerned. Therefore if a vehicle has been left on private land, an offence may be committed if, for example, the owner of that land clamped or towed away that vehicle. To be guilty of the offence however, a person must undertake these actions with the 'intention' of preventing or inhibiting a person entitled to move the vehicle concerned from moving the vehicle. Consequently, a person who moves an obstructively parked vehicle a short distance intending to regain access to his or her property would not be committing the offence in circumstances where he or she did not intend to prevent the driver of the vehicle from subsequently retrieving it. The offence also does not apply where a person is acting with lawful authority when immobilising, moving or restricting the movement of a vehicle. Those who have lawful authority and in fact a duty to remove vehicles from roads or other land include the police, local authorities, traffic wardens, parking attendants and civil enforcement officers.

To avoid committing an offence where a vehicle has been left on private land, would require the vehicle to be removed by a person/s acting with lawful authority, or by moving/removing it with every care taken to show that there is no intention of depriving the driver of the vehicle from subsequently retrieving it. In the first instance, policies may vary from region to region as to who undertakes such a role in relation to private land but it is advisable to contact your local police or local authority to check who will take responsibility for its removal. The duty to remove a vehicle arises where it appears to them that the vehicle has been abandoned without lawful authority. If the vehicle looks stolen (e.g. it has damage to the locks) then contact the police who will make further enquiries.

If you decide to move the vehicle yourself, or make arrangements for this to be done, it would be advisable to give the owner of the vehicle a reasonable amount of time (say, 14 days) to remove it. One suggestion is to put a notice on the car stating that if the car is still there after in 14 days you will have it moved/removed. It is advisable to also state on the notice the reason why the vehicle will be removed (i.e. it is obstructing the lawful use of private land) and where you intend to move the vehicle to. If there are number plates on the vehicle, send a recorded delivery letter to the registered keeper giving the same information (and keep the proof of postage and a copy of the letter). A Form V888 from the DVLA will get you registered details so long as your request is considered legitimate. Once you have given reasonable notice that the car will be towed away and the reasons for it being towed away and its intended destination, then it is likely that you will have avoided liability under the aforementioned offence. In effect you will have shown that there was no intention of preventing or inhibiting the driver of the vehicle from retrieving their vehicle.


https://www.askthe.police.uk/content/Q441.htm


I hope this help!
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