Neighbors erected handrail / fence obstructing

Re: Neighbors erected handrail / fence obstructing

Postby despair » Mon Jun 12, 2017 9:14 pm

Just the plan alone shows a clear midway point between the houses and the drive
if ex council i doubt they would be anything other than equal shares
not challenging the "green " fence /gate is foolish
i guess both houses were in family occupation at some point
despair
 
Posts: 16026
Joined: Mon Mar 14, 2005 8:07 am

Ads are not endorsed by www.gardenlaw.co.uk or the staff thereof and visitors should perform their own due diligence on the product or service offered.
 

Re: Neighbors erected handrail / fence obstructing

Postby arborlad » Wed Jun 14, 2017 11:13 am

TomWoods wrote:Yes the full thing is dropped and the path is tarmaced more than suitable

The original fence is an L shape with a small gate/door built into it . The new fence is a Hand rail.

Thats correct the green was there when i bought the property , although this is still enroaching on what i think to be my property.




Dropped kerbs and a tarmac surface make it quite clear that vehicular access was the intention.

In terms of encroachment by the green fence, the time to take action on any perceived errors is as soon as you became aware of them, ideally as a condition of sale by the vendor, however, the green fence does more than encroach - it is blocking your legitimate vehicular access and (I believe) could still be actioned against.

By erecting the blue fence, you have gone from shared pedestrian and sole vehicular access to sole pedestrian access, by contrast, your neighbour has gone from shared pedestrian access to sole vehicular and pedestrian access - definitely something for your legal insurance to deal with.
arborlad

smile...it confuses people
arborlad
 
Posts: 7357
Joined: Sun Jul 09, 2006 6:30 pm
Location: Hertfordshire

Re: Neighbors erected handrail / fence obstructing

Postby TomWoods » Sun Jun 18, 2017 2:24 pm

Thanks for everybodies input . would the wording on the plans be enough to grant ROW ? and the clause from the Title?

Another query if i have to get a surveyor out to measure the boundary would that be my responsibility ? or theirs ?
TomWoods
 
Posts: 10
Joined: Wed Jun 07, 2017 2:28 pm

Re: Neighbors erected handrail / fence obstructing

Postby jdfi » Wed Jun 21, 2017 7:12 am

TomWoods wrote:Thanks for everybodies input . would the wording on the plans be enough to grant ROW ? and the clause from the Title?

Another query if i have to get a surveyor out to measure the boundary would that be my responsibility ? or theirs ?


It needs solicitor input really.

This MUST be sorted out and the fences removed, otherwise your house will be virtually unsellable.
jdfi
 
Posts: 444
Joined: Wed Jun 06, 2012 10:39 pm

Re: Neighbors erected handrail / fence obstructing

Postby TomWoods » Sun Aug 27, 2017 11:46 am

Hi all thought id post an update as i need a bit of advice.

We went to see a solicitor who advised that it does look like the items are trespassing however the term for ROW / Vehicular access is too vague .. however if the boundary is in the place which I say I would be able to fit a car down anyway and there would be nothing stopping me from doing this ..

So we sent a letter telling them they had 28 days to move the fences which are trespassing or legal proceedings would be issued to which we recieved a reply which looked like it was written by a 5 year old stating a load of rubbish about how they didn't feel they should move it etc..

I then had the boundary surveyed by an independent surveyor who has confirmed my suspicions both items are trespassing. Im at a stage now where we are going to give them 1 more chance to move the fences or itll be court time .

I dont really want to go to court as my solicitor wants 5k just to represent me , i have the money however i know there is a chance i may be unable to recover the fees back depending on the way the judge feels that day . I did then wonder could i take them to court again to try and recover my fees ?

Should i just represent myself if the evidence is so blatantly obvious ?

Thanks in advance!
TomWoods
 
Posts: 10
Joined: Wed Jun 07, 2017 2:28 pm

Previous

Return to Boundaries

Who is online

Users browsing this forum: Volumiza and 6 guests