Boundary Issues

Boundary Issues

Postby 64632 » Tue Sep 27, 2016 10:06 pm

Hi

My neighbour is giving me hell, he is a loud outlandish thug who has been sending us distressing letters, name calling in these letters, and is demanding us to follow his orders. Of course I know that he had no legal right to order us to do anything.

The situation is that we are neighbours in terraced properties, a shared walkway from the front of the properties and a shared covered walkway. Now previously, before he moved in, there was a fence in the rear gardens that separated our garden from the neighbours with a door to access my garden and a door for the neighbours to access theirs. Since he has moved in, he built a one storey extension within the planning guidelines, we decided that we wanted to be friendly to our neighbour, we would grant him access to our land to build his foundations etc of the extension, he was therefore able to complete his extension without the hassle of a Party Wall Act notice or having to apply for an access to our land.

Unfortunately, he has not been neighbourly in return. His extension sits approximately half a foot from the boundary line, which means that he has demanded that we grant him access to his garden via our garden. He cannot walk pass the shared walkway without trespassing on our land, as who could squeeze onto half a foot of land. He has demanded that we build a fence separating our properties and has demanded that we adhere to his guidelines of where this fence should be.

Can anybody offer any advice?

Ann
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Re: Boundary Issues

Postby MacadamB53 » Tue Sep 27, 2016 10:30 pm

Hi Ann,

this shared walkway, does it run between the properties - through a passageway - from the front to the back?

Kind regards, Mac
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Re: Boundary Issues

Postby 64632 » Wed Sep 28, 2016 1:40 am

Thanks Mac

The shared passageway runs from the pavement at the front of the houses, through the front garden and through the shared covered walkway. The problem arises after the shared covered walkway

Ann
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Re: Boundary Issues

Postby despair » Wed Sep 28, 2016 2:06 am

Sadly being neighbourly often comes back to bite you

if he has caused himself a problem by building on his own land which prevents him using his access to a ROW / shared walkway thats his problem 100%

he has absolutely no right whatever to ask or demand anything of you
i trust you have kept all the letters and made a note in a diary of all his verbal threats
they are harassment and you should call the police and insist they take action
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Re: Boundary Issues

Postby MacadamB53 » Wed Sep 28, 2016 7:35 am

Hi Ann,

and beyond the passage, the shared path runs between the back gardens - but not far beyond his new extension?

Kind regards, Mac
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Re: Boundary Issues

Postby 64632 » Wed Sep 28, 2016 8:08 am

Thank you Mac

The covenant states that the western half of the covered walkway is theirs and the eastern half is mine. When the shared covered walkway ends in to the garden, the original plan was that a fence continued to mark the boundary line all the way up until the rear of the gardens. This separated my garden from his. When he built his extension, he removed this fence. This has therefore left approximately half a foot of his land in my garden. I advised him that he has effectively forfeited his access to his garden as he cannot guarantee he can keep onto this minimal part of his land. He has argued that we now extend the shared walkway to the end of his extension to allow him access to his garden - where he has installed his gate - effectively he wants us to go out of our way to accommodate his lack of planning and give him part of our land.

Ann
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Re: Boundary Issues

Postby MacadamB53 » Wed Sep 28, 2016 8:33 am

Hi Ann,

When the shared covered walkway ends in to the garden, the original plan was that a fence continued to mark the boundary line all the way up until the rear of the gardens.

so, at the end of the passage one should see two entrances - both half the width of the passage? and there is no shared path beyond the passageway?

if things are as clear as you say (and I have no reason to doubt you) on what basis is your neighbour making his demands?

Kind regards, Mac
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Re: Boundary Issues

Postby arborlad » Wed Sep 28, 2016 10:22 am

64632 wrote: Now previously, before he moved in, there was a fence in the rear gardens that separated our garden from the neighbours with a door to access my garden and a door for the neighbours to access theirs.

Ann




A fairly common arrangement, sometimes with the doors/gates angled to give better access where space is limited - who owned the removed fence, is your door still there or was that also removed?
arborlad

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Re: Boundary Issues

Postby 64632 » Wed Sep 28, 2016 12:02 pm

Thank you Mac

Herein lies the problem. For me it is straightforward and simple, he needs to reinstall the fence that his builders knocked down - that too in the correct position it was previously and on the correct boundary line. He, however, disagrees. He wants me to erect the fence and to his 'order'

Ann
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Re: Boundary Issues

Postby 64632 » Wed Sep 28, 2016 12:08 pm

Thank you arborlad

There is nothing in the deeds that outlines who is responsible, however, he hads stated in his various correspondences that it is his fence. Previously our neighbour advised it was their fence. Unfortunately their builders, when they removed the fence, made the pillar really unstable. It could not support the weight of the gate so my builders removed it.

He has also decided that he can come onto my property to carry out any maintenance works - apparently he is legally allowed to do this :?
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Re: Boundary Issues

Postby arborlad » Wed Sep 28, 2016 12:34 pm

64632 wrote:Thank you arborlad

There is nothing in the deeds that outlines who is responsible, however, he hads stated in his various correspondences that it is his fence. Previously our neighbour advised it was their fence. Unfortunately their builders, when they removed the fence, made the pillar really unstable. It could not support the weight of the gate so my builders removed it.

He has also decided that he can come onto my property to carry out any maintenance works - apparently he is legally allowed to do this :?



Get your builders to erect a sturdy, lockable gate as close to its original position as possible.

Block the gate he has installed with something substantial.
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Re: Boundary Issues

Postby 64632 » Wed Sep 28, 2016 2:57 pm

Not bad arborlad. I didn't think of that. The chances of him squeezing past that post would be amusing to watch. It would still mean that he can walk into my garden if he is able to squeeze through.

Question - if I am digging a foundation for a solid pillar that will take the weight of the gate, do I need to issue him with notice?
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Re: Boundary Issues

Postby arborlad » Wed Sep 28, 2016 4:07 pm

64632 wrote:Not bad arborlad. I didn't think of that. The chances of him squeezing past that post would be amusing to watch. It would still mean that he can walk into my garden if he is able to squeeze through.

Question - if I am digging a foundation for a solid pillar that will take the weight of the gate, do I need to issue him with notice?



Unless you upload a plan, your builder is probably best suited to deal with the detail, although a short wing of fence continuing on from the gate post may be sufficient to prevent any unauthorised access to your land. When the builder does turn up ensure he brings a can of non-permanent spray paint and that he is liberal with it - especially in the area of his newly installed gate - it may be enough to show the neighbour the error of his ways.

Prior to any works, the covered walkway and the area in front of the two gates would have to have been left unobstructed, if you accede to your neighbours demands then an area of your garden will have to be left similarly unobstructed!!
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Re: Boundary Issues

Postby 64632 » Wed Sep 28, 2016 5:14 pm

Thank you arborlad

I was thinking that if we put up the concrete post where the original post used to be (removed because it was unstable and could have collapsed) and fix a gate from the post to my property and lock it. That would be ok right? I mean as we could dig the foundation on my side, I wouldn't need to inform him of any works?

He has decided that he will fit the fence and then send me the bill for full costs - can he do this? As far as I am aware - we do not have to pay these.

He states he can enter our garden when he chooses to carry out maintenance work - I do not believe this to be correct - am I wrong?

Thank you

Ann
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Re: Boundary Issues

Postby Collaborate » Wed Sep 28, 2016 7:20 pm

He can only seek a court order to enter your property to carry out essential works of repair. So no, he can't come whenever he wants.

Do as the others suggested. Your own gate, firmly attached. I'd also consider setting up a cctv camera to record constantly.
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