Neighbour Wishing to Build Wall Along Boundary Issues

Re: Neighbour Wishing to Build Wall Along Boundary Issues

Postby COGGY » Mon Mar 14, 2016 9:30 am

Hi
Why don't you contact the County Legal Dept (if you can find a name to contact that would be good). Tell them what your neighbour is claiming to have bought and ask for their comments before you take the matter any further. Regards Coggy
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Re: Neighbour Wishing to Build Wall Along Boundary Issues

Postby BJK2184 » Mon Mar 14, 2016 9:33 am

Thanks

Yes we have approached both our council and the Highways Authority who are both currently 'looking into it'.

He says a solicitor was not involved in purchasing the additional land and it was brought directly from the council. Also, shouldn't his apparently new boundary be uploaded onto the Land Registry records? I checked again last night and it still shows his boundary as it always has.

We couldn't park across his drive without blocking any of his cars (if it came to it) so that wouldnt be an option.

I am going to speak to him tonight when he returns from work and ask for black and white proof of this "purchase". He wouldnt give me a copy of what he says is his new boundaries on the weekend as they are personal documents. I said I need to put under the nose of a solicitor and he said he wasnt comfortable with me doing that.... which strengthens the case of him being a Billy B.
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Re: Neighbour Wishing to Build Wall Along Boundary Issues

Postby Collaborate » Mon Mar 14, 2016 10:02 am

What he's done is enter in to an agreement with the LHA for a dropped kerb. He has to pay for the work.

He clearly hasn't bought nay part of the highway.

Perhaps the LHA would agree to painting an "H" across your drive.
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Re: Neighbour Wishing to Build Wall Along Boundary Issues

Postby COGGY » Mon Mar 14, 2016 10:09 am

Have you actually written to the Council's legal dept asking this question? He is clearly lying and will continue to do so until you can place a letter or some other proof in front of him. Liars continue to lie until proof is produced. A letter or email to the legal dept asking the simple question regarding his so called purchase should produce a response. Regards Coggy
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Re: Neighbour Wishing to Build Wall Along Boundary Issues

Postby BJK2184 » Mon Mar 14, 2016 10:22 am

There is a "H-Bar" across the driveway now which was recently painted. He tried to tell me this cost him money...until i laughed and told him its a free service. He also believed the white stopped other people (us) driving over it.... it is quite comical some of the things that are said.

Yes I am looking for contact details now for the county legal department.

It is encouraging that everyone also thinks he is a liar. When I presented the boundaries to him, they were outside the front of our houses measuring with a tape for a good 30-40 minutes. All of a sudden he provides this new boundary diagram.... surely he would have shown me that straight away if it was indeed legal and real.

Thanks for your help guys - I feel I am getting to the end of this and at no expense currently which is always nice. Just need it rubber stamped by an authority.

If it is confirmed that he hasnt purchased the additional land, can I put something in place that would stop him buying it going forward or protect my interests of access if he ever did?

Here is a rough drawing of what he says he had brought (green is current boundaries and black area is the supposed area that he brought):

http://imageshack.com/a/img924/3715/aMfTjb.jpg

Obviously a rough drawing but it covers what he is claiming to have purchased.
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Re: Neighbour Wishing to Build Wall Along Boundary Issues

Postby Collaborate » Mon Mar 14, 2016 11:22 am

Don't engage with him, as there's no point doing so with a liar - you'd just be feeding the flames.
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Re: Neighbour Wishing to Build Wall Along Boundary Issues

Postby MacadamB53 » Mon Mar 14, 2016 11:28 am

Hi BJK,

unless the LA have had made an exceptional mistake he has not bought that triangle of land and I would not waste any time checking.

so, at best he's confused about what he paid for when he got the dropped kerb, and at worst he's a conniving bullsh|tter.

whatever, you need to find solutions rather than focus on why he's saying what he's saying.

how to stop someone parking on a public footpath? mmm, tough one - have the council or some big friends round to explain he needs to stop, or else spend a tidy sum taking him to court.

maybe one positive from this is that you now appreciate that parking on pavements causes inconvenience and won't being doing it again yourself...

Kind regards, Mac
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Re: Neighbour Wishing to Build Wall Along Boundary Issues

Postby BJK2184 » Mon Mar 14, 2016 11:34 am

Ok thanks all - lets hope the Local Authority / Highways Agency or someone along those lines can put this to bed for us.

We've never parked on the pavement.... the neighbour does. All we want is access to our driveway and not have any fear of hitting his car or our fence, or worse be blocked in/out.

BJK
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Re: Neighbour Wishing to Build Wall Along Boundary Issues

Postby BJK2184 » Mon Mar 14, 2016 12:10 pm

My solicitor who conducted the purchase of my house has just come through with this.....

Confirms our opening to driveway is 7ft 4 inches in width.

"I very much doubt the neighbour has bought the public footpath . I would guess he is lying !
Even if he did , which I doubt , the title deeds to (my address) include a '....right for all purposes to pass and repass over and along the roadways and footpaths of XXXX Road'
This means that even if he did own the footpath , you would enjoy a right of access across the same...so it would therefore be rather pointless from his perspective.
It doesn't add up , and I think your neighbour is bluffing"
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Re: Neighbour Wishing to Build Wall Along Boundary Issues

Postby MacadamB53 » Mon Mar 14, 2016 1:01 pm

Hi BJK,

We've never parked on the pavement...

I was referring to anywhere - not just outside your house - so you're one of a shrinking minority if the above is true.

Kind regards, Mac
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Re: Neighbour Wishing to Build Wall Along Boundary Issues

Postby BJK2184 » Mon Mar 14, 2016 1:14 pm

haha oh i see, sorry.

Yes looks like i am one of a dying breed then.
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Re: Neighbour Wishing to Build Wall Along Boundary Issues

Postby arborlad » Mon Jul 11, 2016 8:54 pm

Best continued here:

BJK2184 wrote:Hi all,

I am in the middle of a long-standing boundary issue with my neighbours and it is getting to breaking point between the households. To cut a long story short the facts are:

1) We have lived at our current address for over 7 years and up until our new neighbours purchased next door, the access point to both driveways was via 1 entrance (they would drive across our driveway to enter theirs)

2) After moving in, our neighbours removed the wall at the front of their house so that they could drive straight onto their driveway (without the need to use our entrance point) - which we were very happy with initially.

3) Since doing this, our neighbours have parked in a way that restricts our access to our driveway - we can still get on and off but it is very tight and have to edge back and forth when reversing out.

4) Despite trying to reason with them, they refuse to move their car over to allow us easier access.

5) We believe that they are parking over their boundary line (which they refute) and so should move their car, which they point blank refuse to do saying it is their land. Anyone who looks at the title plan can clearly see that I am correct in what I am saying without the need for a full survey! (I can post the title plan on here if needed)

6) We recently had a full land survey carried out by a surveyor who detailed the boundaries for both properties - my neighbour would not entertain looking at this when I told him about it yesterday morning stating that he has also had a survey carried out. I asked to compare surveys but that was ignored. My surveyor is coming out to the properties tomorrow evening to physically mark the boundaries on the ground and I am expecting a hostile reception from my neighbours during this time (what action can I take here as I have a feeling he will try to stop the surveyor doing his job - plus his car is parked over the boundary line?) The survey agrees with our interpretation that my neighbours car is in fact partly parked on land that is not theirs.

So we are at a point where my surveyor will present his findings and mark them on the ground, my neighbour will refuse to accept these as it will mean that he has to move his car and he will concede some land (1ft 2" in width) so my question is what do i do next? Is it a case of having to instruct a solictor and start court proceedings? (which we know is not cheap at all)

I would love to just run a wall along the boundary once my surveyor marks it (fully on my land of course), but I'm not sure that is an option is it?

Also on a side note when my neighbours knocked down the wall at the front of their driveway they had to also drop their kerb to allow them to access it. (they also tried to lie to us for a few months by saying they had brought the public footpath which the local council rubbished) My local council has a document which sets out conditions of what you can and can't do when having a dropped kerb and one of those conditions is that they "require residents to maintain an access to their front doors even if there
is a car parked in their front garden and permissions will be based on this requirement." The requirement is that you leave 1m width clear of your front door - my neighbour parks his car directly in line with his front door which contravenes this requirement from the council. I spoke with two separate members of my local highways agency who confirmed that he was not allowed to park the car where he does and would advise him of this matter. They also said that if he ignored their request (which he did) then they would restrict his access to that point of his drive by either re-raising the kerb, installing bollards etc. and both times went against what they said and advised me that they do not want to get involved in civil issues even though they agree that he is in the wrong (they gave me some poor excuse that they do not have the manpower to enforce this rule!). Is there anything I can do here that anyone knows of to try and force the council to take the action that they should be taking?

All I want is to be able to freely access my driveway and a quiet life and I'm getting neither of those at the moment.

Hope this is clear and you understand my rambling.

Thanks

BJK
arborlad

smile...it confuses people
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Re: Neighbour Wishing to Build Wall Along Boundary Issues

Postby BJK2184 » Mon Jul 11, 2016 8:57 pm

Oh ok sorry and thanks Arborlad.

Thought it might have been easier to start a new thread rather than rake up the old conversation :)

Do you have any thoughts on this?
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Re: Neighbour Wishing to Build Wall Along Boundary Issues

Postby Collaborate » Mon Jul 11, 2016 10:58 pm

I don't know why you don't think that building a wall on your own land won't be an option. Just get someone who can take care of themselves to do it.
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Re: Neighbour Wishing to Build Wall Along Boundary Issues

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

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...?
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