bullying developers!

bullying developers!

Postby warren » Sat Mar 12, 2005 1:39 pm

Developers have recently purchased and cleared the land at the rear of my property. 20 years ago I erected a waney lap fence and panels on my land by approx 6 inches and have maintained it ever since due to the elderly neighbour who lived behind.

The developer has offered to change the fence but I would then have the sole responsiblity to maintain it. I have decided that I do not want him to change the fence or indeed come on my land at any point during the development. He has now advised that he has bought the plot up to and including my fence and if i do not agree to his terms, he will leave the fence as it is and take me to court! I was under the impression that he has to fence around his new development and any fence he erects should be behind mine. I have looked at my deeds and the fence in question is termed as a 'common boundary' fence. I really feel bullied by the developer as he obviously has a huge bank balance and expensive solicitors at his disposal!

Can anyone help who has been the same position? thanx
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Re: bullying developers!

Postby Maverick.uk » Sat Mar 12, 2005 3:02 pm

Hello Warren

The important point to your post is that you have errected a fence inside the legal boundary, by 6" according to your post. Do you deeds confirm this to be the case?

If it was me then i would inform the developer that this is the case and any attempt to remove it would be classed as criminal damage.

He is attempting to bully you into letting him do as he wishes. Tell him (if you so desire) you have no problem with him errecting a fence on his own land tight up against yours.

Do you have the receipts for the goods purchased to build the fence?

I would also check at this stage if you have legal protection insurance on your household policy, could prove useful in the future.

I note that you say it is a common boundary fence. What was in its place before you replaced it? Did you remove the old one and replace this as the common boundary fence?

Cheers

Mav
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Common boundary fence or common boundary wall

Postby bluebell » Sun Mar 13, 2005 2:37 pm

Maverick - can you explain what a common boundary fence is ? and is it the same as a common boundary wall? Bluebell
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Postby Angelisle » Sun Mar 13, 2005 6:36 pm

Bluebell.
If you have your own specific question for Maverick.UK could you please start your own Thread/Topic, as Warren's thread relates to his queries and could cause confusion.
Thank you.
User avatar
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bullying developers

Postby warren » Sun Mar 13, 2005 10:56 pm

thanx very much for the advice, it's extremely helpful and has at least given me some idea how I might want to proceed.

I still have the receipt for the fencing materials I purchased 20 years ago!

There were only two rotting wooden posts in the original fence and in between these were two enormous tree roots - this is why I erected the new fence further onto my garden as I found it impossible to get all the tree roots out. The fence was put up in agreement with the then owner of the property to the back of my garden but she has since died.
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Re: bullying developers

Postby Maverick.uk » Mon Mar 14, 2005 1:56 pm

Warren

I dont suppose those posts are still in situ? If they are photograph them NOW!

Regards

Mav
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Postby despair » Mon Mar 14, 2005 4:13 pm

If your fence has been in situ for 20 years the developers cant touch it

If the old posts marking the proper boundary are in place then run wires across to securely mark the boundary ...take photos and put clearly in writing to the developer that its the boundary and you have Land Registry documents to prove it ......that you have not relinquished your right to the land and he cant touch it

If he wishes to erect a fence strictly his side of the post and wire boundary he is free to do so
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bullying developers

Postby warren » Tue Mar 15, 2005 12:36 am

Hi! Unfortunately the two posts are not still in place - luckily, I started photographing the fence and surroundings as soon as the developer got hold of the plot and submitted his original plans.

All the advice I have received so far has at least given me the way forward - I really can't thank you enough!

K
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Postby Cytania » Tue Mar 15, 2005 1:58 pm

The developer's threat to take you to court is very much a bluff. The last thing any property developer wants is to hold up work and get bogged down in a legal dispute. He may get a solicitor to send a 'bluffing' letter but if he does reply politely stating your (very good from the sound of it) case. It is always best to defend any legal case so you have the advantage.
They cut down all the trees, put 'em in a tree museum and charged all the people just to see 'em
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Postby warren » Thu Mar 24, 2005 10:14 pm

Thanks for the advice. I haven't heard anything more from the Developer for the past 2 weeks - I think he is trying to worry me by his lack of contact? I will let you know what happens when he does eventually get back to me!

K
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