Dispute with New Neighbour

Dispute with New Neighbour

Postby Chimera » Thu Jun 30, 2016 9:18 pm

I have delayed posting this, but things have progressed so little and recent events have pushed me into asking for further advice elsewhere on behalf of my household, in an attempt to get more information whilst we wait upon our own sources to get back to us. Any advice and comments on this adds to the overall progress as to what we're after.

To give it some background, in 2001 we moved into this property and until last year, had no issues at all with the border between one of our neighbours along the right side of our property. Ours is one of the original properties in the village, and the land of the neighbour with whom we have a dispute used to belong to another property, until this land was sold and built on in the 1990s. When we bought ours, predating her house by a few centuries, we were told by the previous occupants that the border was ours, except for that on the right, which was shared (neighbouring this property). That was nothing official, however.

Additionally though, we have older surveys linked to previous conveyances which show the border as ours solely. There also exists convents stating that we have a responsibility to maintain the hedgerow on our border to the right.

Fast forward to last year, she chopped down some trees at one point of the border. She did speak to us and we came to an agreement, but since then things have progressed hostilely. She said back then that she'll be wanting to discuss the old hedgerow between our property, however, she did not. Instead, earlier this year, we awoke one Sunday morning to discover the occupant and her ex-husband having removed completely the hedge on the border without informing us, and make dubious claims as to what she believed to be the border. Mainly that the hedge was hers and that the chicken wire we had put up to keep our chickens from going into the neighbouring property was in fact the border, along with claiming that some posts which my father placed for that purpose was in fact done by their surveyor when purchasing the property, on our side of the hedge, who we were then told had just pointed at them.

We disputed this, told them to stop work whilst we get this dealt with. She just sped up and said we had no right, calling us jealous, troublemakers and to make things official before storming inside as a result of us refusing to stoop to personal insults.

We spoke to our house insurance's legal cover, wrote letters to the neighbour and she just told us to stop contacting her, speak to her solicitor (any details of which weren't provided), attached a title plan which can be acquired from the Land Registry website, claimed it to be official and that it shows the land hers, when in fact it a) differs from our title plan (likely due to our property being previously unregistered until we bought it), and b) on the plan itself saying that it is but a general representation and not to be relied upon as an official map stating boundaries, inadmissible in court as evidence etc.

Things seemed to turn, when she told us she was getting a surveyor to look into it and she'd cover the cost (we wondered if she had spoken to a solicitor and got advice), and then the surveyor came and said he'd be back. That was a fortnight ago and since then, nothing's happened. And then tonight we discovered that some poles and string have been put up part way along our border with her, on our land, and actually into our orchard, going between our border with a different, neighbouring property (the one which would've originally owned the land the newer house is on).

After discovering this, we have been wondering tonight whether her 'offer' was just a way to delay us from doing anything ourselves regarding this, allowing her to complete her goal of having a fence where the hedge was, or into our side, on our land, as she's been stating previously and not rescinded.

There are bound to be some things missing out, but there is only so much that can be remembered with such an ongoing event causing great concern and distress to my family. Although I know what is here can only be taken as general advice and, naturally, legal advice can only truly be sought into correspondence and discussion with one's own solicitor or similar legal organisations, is there any comments that can be made here?

Would we have a right to remove what has been put on our land, an area which doesn't even concern the border between us? If nothing gets done by the time she has a fence put up, and we dispute it, have we got every right to tell the people to stop it and must they follow through on stopping work? What can be done in general on such a matter?

Thanks.
Chimera
 
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Re: Dispute with New Neighbour

Postby Collaborate » Fri Jul 01, 2016 12:21 am

Yes. Remove it. Straight away.

Then get a solicitor to write to her, and demand to see her surveyors report.

Did the surveyor inspect your deeds?
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Re: Dispute with New Neighbour

Postby mr sheen » Fri Jul 01, 2016 7:14 am

Fence your land ...today.
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Re: Dispute with New Neighbour

Postby despair » Fri Jul 01, 2016 8:05 am

Check very carefully all mortgages insurances credit cards union membership for legal expenses cover
You may well have
Contact them and say you neighbour is destroying your hedge and grabbing land that they know is not theirs
That the hedge has been there for eons and all paperwork proves its yours
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Re: Dispute with New Neighbour

Postby Luigi Mario » Sat Jul 02, 2016 12:06 am

Your neighbour is a deceitful liar and shouldn't be listened to.

If everything you said is true then she's playing dumb or being difficult to throw your parents off what's actually happening. It's a well-known tactic certain bullies used and the end game is to wear the victims down. Once the victims been through an onslaught of mind games from the abuser, the victim is either controllable or easy to push over.

Urgent actions

* Get a logbook and record events.
* Take pictures and it would be a good idea to get a few snapshots of the garden every few months. The pictures needs to be dated and timed to be used for evidence.
* Install CCTV

You must remember

* She caused criminal damage by removing your hedge. She knows it's your hedge.
* She claimed the chicken wired fence was the boundary fence.
* She now claiming land deeper into your garden by the orchid.

You must remember your garden belongs to your family. She has no right to put any stuff of hers onto your land. You have every right to remove any of her c*** off your garden carefully and place it back on her land. You also have the right to go anywhere on your property and she can't throw you off.

Soon as your family expose her to be a liar, sooner the hold she has over your family go.

Here's some further reading

http://www.nfh.org.uk/beyond-mediation/
http://bullyonline.org/index.php
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Re: Dispute with New Neighbour

Postby despair » Sat Jul 02, 2016 9:22 am

DITTO

TOTALLY CORRECT
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Re: Dispute with New Neighbour

Postby SwitchRich » Mon Jul 11, 2016 3:21 pm

And please notify the forum with how things go on! :)
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Re: Dispute with New Neighbour

Postby Chimera » Sun Jul 31, 2016 9:01 am

SwitchRich wrote:And please notify the forum with how things go on! :)

I certainly shall! I have thought constantly about updating the progress here, and so far, quite some progress. Sadly I've been rather busy myself with having to work, but tonight I'll try and do an update.

In short, though, the surveyor the neighbour employed has reported in our favour actually.
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Re: Dispute with New Neighbour

Postby Chimera » Thu Oct 20, 2016 10:35 pm

I apologise for not having provided an update, things have been stressful (with stuff other than this).

In short, since the previous post we got our own surveyor out who measured it all and pretty much came back with what we confirmed. She had her own surveyor who did the same (and actually came back more in our favour than our own). She said she'd send us the results/report but we never got one. We tried contacting her twice through post, including her surveyor, but received no response. We've continued taking photos and making a detailed log. She saw us take photos last week, and then on Friday, two days later, we saw she had rearranged the string to mark the border that the surveyor placed where the hedgerow used to be and made it more 'in her favour'.

Went out on Saturday again to take photos, whilst she was out working in her garden (actually hers). On that day it was horrible for us, psychologically. I shan't go into too much detail but with it stopped us from going into our garden. Come Sunday I go out in the morning to take new photos, and this time a different neighbour knocks on her window, telling me to stop taking photos and to go away. Naturally I just continued taking photos as I'm entitled to (and how the house insurance and CAB have told us), so I just waved in a friendly manner before continuing.

On Saturday it really affected my family though as I said, including me. Mother went to speak to the police and they said they can help in regards to anti-social behaviour/harassment, but we don't know if they've seen her yet. We sent a letter following the Practice Direction – Pre-action Conduct and what that entails, but no idea if she'll take notice of it. The neighbour played loud music all afternoon until early evening and all in our house it could be heard with no escape from it.

Come today we awoke to find a fence along the boundary (with concrete posts etc) and later on, two police officers/PCSOs visited us as the neighbour warned the police/PCSO that there may be trouble when she puts up a fence along our border this morning (I've returned to being abroad to work so I am away from the situation in that sense).

They visit us and tell us to stop harassing the neighbour with a lot of letters (about five or six since April and only received a reply once, and we gave more than enough time between them) and to stay away from her and not get involved with her. We have no idea how they came to this conclusion when she's made my family scared to go into the garden or even be in our house after how she's been acting, and when we've asked for help we've been mostly ignored.

My father just wants to accept it and have an end to anything about it, but my mother and I wish generally for it to continue and not to give up.

I don't think I've got any specific question for here, but in general, is there any advice about going to court regarding this? Surely she can't remove the hedge along our border of her own free will and erect a fence inside of our side of the boundary and get away with it as the police officers/PCSOs said today we should?
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Re: Dispute with New Neighbour

Postby COGGY » Thu Oct 20, 2016 11:57 pm

Hi
IMO the Police Officers had no authority to make judgements on your boundary. In your position I would be making contact with the highest officer in your local policy (not sure of their title - its an age thing :) ). Send him a factual report of how his officers have become involved and of their comments and judgements. Ask him to please explain to his officers that they are not qualified in the matter and to please cease giving opinions. I believe you should remove anything placed on your land and urgently fence to the extent of your property. Before doing so contact the police informing them of your intentions. When the police have been involved so far do you have an incident number for each occasion? If not phone and request that you be given this information.

I would suggest that you install cctv urgently. It is amazing how neighbours change their tactics when being filmed. It would be a good idea to ask the police to advise that the cameras are installed legally.

Your neighbour believes they can do as they like, you need to let them know they cannot. Regards Coggy
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Re: Dispute with New Neighbour

Postby COGGY » Thu Oct 20, 2016 11:59 pm

I have just read your last post again. It appears to state that you have requested assistance from the police which has been refused. When this happens you need to ask for the name and number of the officer you are speaking to. Then report them. Coggy
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Re: Dispute with New Neighbour

Postby jonahinoz » Fri Oct 21, 2016 9:07 am

Hi,

I once had an altercation with a neighbour, over him throwing household waste onto the land opposite his garden, and my wife called the police. The neighbour intercepted the police car, and they spent some time with him, before coming to speak with us. They told us to keep away from his end of the lane. I don't know if that was an order or a suggestion. I doubt that the police have that sort of authority, unless they arrest you. Whatever, I ignored it, and never met that neighbour in the lane again.

But a couple of years later, he beat his wife to death ... three years custodial.

John W
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Re: Dispute with New Neighbour

Postby Chimera » Sat Oct 22, 2016 11:17 am

Update. We rang 101 today to enquire about Thursday and any reports/visits made, as we had no idea who the two CSOs that visited us were and the way they acted wasn't professional in any way. Turns out there is no record of any visit or report about potential issue with the fence the neighbour erected being done on that day, not one at all.

We've looked online and found photos of those who visited on our police force's website, so we're ringing up 101 again.

The neighbour has told us that she has a son and niece in the police, so now we're honestly wondering whether contacts of hers have made this happen 'off the radar'.

These CSOs were also some of the contacts we were given regarding the issue when we contacted the police on Saturday ourselves.

We were writing a letter of complain to our chief constable (I think it was) anyway, and now with more information we'll see where this goes.

And yes, we do have our own incident numbers for previous times we've contacted them.
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