Boundary Dispute with Neighbour (But not over his land)

Boundary Dispute with Neighbour (But not over his land)

Postby FocusDad » Thu Sep 21, 2017 3:39 pm

Unfortunately, I have run into some issues with a neighbour who is disputing my boundary. After some advice, I made a successful planning application where I gained permission to reinstate a gate at the end of my drive.

The old gate is no longer in place, at present, a gravel verge ends at the point of the old gate and you can see a post hole and a hole in the tarmac drive for a bolt. According to an image I found, there was also a piece of wood to show the boundary position, but when we moved in this had been moved up the fence.

The problem is my neighbour is arguing that my drive ends 2 meters or so up from where I believe it does. He even contends that the old gate position is incorrect, claiming that whoever put the gates and presumably the gravel verge in place was trying it on. Spookily it looks as though the same piece of wood that was in the original position was moved to suit his view of where the boundary is.

My drive abuts the footpath which is under the control of Highways. So the neighbour isn't even claiming that this is his land just that I don't own it. My neighbour wants access to paint his Shed which is so close to the boundary that he cannot access it from his own property. It does actually contravene planning regs IMHO, and I could complain, but I'm trying to be a good neighbour.

I'm conscious that if a formal dispute arises after the gate is added that the exact placement of the gate may become an issue.

Maps don't help as much as I would like as the property boundary is an odd shape and although I feel that the old gate closely approximates the correct position I don't know how exact it needs to be.

Before I spend money installing the new gate I want to do what I can to get the position exactly right and protect myself.

How accurately does the positioning of the gate need to be? Would I be OK to mirror the position of the old gate?

What other steps should I take to protect myself?

NB: Have taken many pictures of the area, just in case.

If you require more information from me please let me know?
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Re: Boundary Dispute with Neighbour (But not over his land)

Postby MacadamB53 » Thu Sep 21, 2017 4:36 pm

Hi FocusDad,

how have you established the old gate was not put there in error and removed shortly thereafter?

how long has the shed been in situ?

is the nearside of the shed doubling as a boundary feature?

what lies beyond the shed along that boundary?

would you deny access for repairs/maintenance should it be requested?

kind regards, Mac
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Re: Boundary Dispute with Neighbour (But not over his land)

Postby FocusDad » Thu Sep 21, 2017 8:01 pm

To answer your questions:

how have you established the old gate was not put there in error and removed shortly thereafter?


I haven't as such.

Yet the gravel verge has not been removed and that would mean that part of the verge would be off my property.

Also, I have looked at the site plan map and have worked out the approx position based on the boundary of the neighbours garden. Essentially my boundary comes just off centre between the 2 points.

I have also taken measurements from the house, which closely match the old gate position.

In contrast, the neighbour's idea of the boundary doesn't match anything that I can see or measure on the map.

how long has the shed been in situ?


A year and a half ish.

is the nearside of the shed doubling as a boundary feature?


No, my fence is the boundary.

what lies beyond the shed along that boundary?


Not sure what you mean by this, did I answer this above?

would you deny access for repairs/maintenance should it be requested?


Well, he's become a bit aggressive so perhaps I would yes although that wasn't my original position.
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Re: Boundary Dispute with Neighbour (But not over his land)

Postby MacadamB53 » Thu Sep 21, 2017 8:34 pm

Hi FocusDad,

so, looking down the boundary from the end with the disputed area, there is no boundary feature for the first couple of metres after which there's your fence? and next door have built a shed parallel - but set back from - those first two metres?

is that correct?

kind regards, Mac
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Re: Boundary Dispute with Neighbour (But not over his land)

Postby FocusDad » Thu Sep 21, 2017 9:13 pm

Sorry, I think I have explained things badly, does the picture help?
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Re: Boundary Dispute with Neighbour (But not over his land)

Postby MacadamB53 » Thu Sep 21, 2017 10:50 pm

Hi FocusDad,

thanks for the photo - that helps.

not sure what the issue is, though...

if you want to gate your property then get on with it.

kind regards, Mac
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Re: Boundary Dispute with Neighbour (But not over his land)

Postby FocusDad » Fri Sep 22, 2017 10:25 am

That makes 2 of us Mac.

The neighbour is claiming that the boundary starts 2 meters or so back from the position of the old gate (see tape measure and gravel verge).

This conveniently gives him enough space to paint his shed (top half only as he cannot get past the fence panels on his side to get the rest done) :?

He told me about this issue on the day that the shed was installed, while the installers blocked my drive for 2 days (without notice) at the same time he also claimed that the fence is also a few cm's off.

The sad thing is that all he had to do was ask to maintain it, instead, he had to make it about his rights.

So you feel that (given what I've told you) I can mirror the position of the old gate?
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Re: Boundary Dispute with Neighbour (But not over his land)

Postby SwitchRich » Fri Sep 22, 2017 12:04 pm

Sounds like your neighbour has approached this situation horribly by making a ridiculous claim on where you should put your gate on your property.!!???

However it's probably best to be the bigger man and confront him head on. Perhaps knock on his door and raise the issue outright. "This is not about where you think my boundary is etc. This is only about you painting your shed... correct?" See what he says. At that point you can press that you will be situating your gate where you want. But that whenever he needs to paint his shed you are totally fine with letting him do it. He just needs to ask.

Being head on with these types of scenario is usually the best course of action because steaming on ahead without talking will potentially sour relations forever which is never what you want.

Just my two cents :)
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Re: Boundary Dispute with Neighbour (But not over his land)

Postby MacadamB53 » Fri Sep 22, 2017 12:59 pm

Hi FocusDad,

...looking at the photo again...

... does the tape measure mark where the gate will be installed?

kind regards, Mac
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Re: Boundary Dispute with Neighbour (But not over his land)

Postby arborlad » Fri Sep 22, 2017 1:10 pm

FocusDad wrote:No, my fence is the boundary.




Can we see a title plan or sketch of the layout please?..........the evidence thus far doesn't support that view, especially in the contentious area.
arborlad

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Re: Boundary Dispute with Neighbour (But not over his land)

Postby mugwump » Fri Sep 22, 2017 3:13 pm

I disagree. There is no evidence to say the op doesn't own that area. I have virtually the same layout where the gap between garages is mine is is a dug over strip from garage to road
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Re: Boundary Dispute with Neighbour (But not over his land)

Postby despair » Fri Sep 22, 2017 5:07 pm

How on earth did the neighbour get permision for a shed like that fwd of the house or did he not seek planning because he needs it

How did he intend treating the bit behind your fence ? .....removing the panels ? Are they removable ?

I can see zero wrong with where your tape measure line is and i would tell him to sling his hook

Check with planning dept about the above
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Re: Boundary Dispute with Neighbour (But not over his land)

Postby arborlad » Sat Sep 23, 2017 10:03 am

mugwump wrote:I disagree. There is no evidence to say the op doesn't own that area. I have virtually the same layout where the gap between garages is mine is is a dug over strip from garage to road




It's the ownership of the fence I'm questioning, the construction indicates it belongs to the neighbour.

If it is the OPs fence there is no Highway land to the left of it.
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Re: Boundary Dispute with Neighbour (But not over his land)

Postby Clifford Pope » Sat Sep 23, 2017 2:42 pm

He's not claiming that he owns the bit of land, just that you don't? So he would still have to put his stepladder on someone else's land to paint his shed?
Why bother - why not just ask you if it's OK once every few years?

Who does he think does own the land, if not him? You could ask the council - do you own this tiny rectangle of land? and see what they say.
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Re: Boundary Dispute with Neighbour (But not over his land)

Postby FocusDad » Mon Sep 25, 2017 5:06 pm

Thanks, all.

... does the tape measure mark where the gate will be installed?


Yes

How on earth did the neighbour get permision for a shed like that fwd of the house or did he not seek planning because he needs it


He didn't it's out the back of his house, it maybe needs planning but I don't want to cause trouble.

How did he intend treating the bit behind your fence ? .....removing the panels ? Are they removable ?


He can't he just paints the top bit despite the thing having no guttering.

It's the ownership of the fence I'm questioning, the construction indicates it belongs to the neighbour.


I agree it looks like this but it's my fence have checked this and my other friendly neighbour agrees.

He's not claiming that he owns the bit of land, just that you don't? So he would still have to put his stepladder on someone else's land to paint his shed?
Why bother - why not just ask you if it's OK once every few years?


Try 3 to 4 times a year.

He has made it clear that it's his right, I don't think he likes the idea of asking.
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