Neighbour erecting a fence on a ROW

Neighbour erecting a fence on a ROW

Postby Dylis » Sun May 15, 2016 7:20 pm

We recently were sent a letter from our next door neighbours solicitors saying that within 14 days our neighbour intends to erect a 2 metre high fence on a section of the shared boundary line between our garden and his. Under normal circumstances this might seem perfectly reasonable, but we have a documented vehicular ROW over our neighbour's land, which allows us to turn on the neighbours land, cross the boundary line and park on our small and restricted back yard.
Our deeds do not define or limit how or where we turn on our neighbour's land, do not define or limit at which point we cross the boundary line, do not define or limit how we park on our land, what size of vehicle or what number of vehicles.
Although we are currently able to turn and park ( with some difficulty) we would like in the future to change various positions devoted to green house, bin storage, etc etc In order to improve our ease of vehicular access and this could involve us using one of a number different lines and angles of approach.
We feel that the fence would limit the options open to us in terms of how we approach our parking area and at what angle we park on it.
Prior to this letter we had already told our neighbour's that our solicitor had advised us that the errection of any structure built on our boundary line would constitute a breach of our rights.
The solicitors letter is interesting, not in what it does say but what it doesn't say. This solicitor doesn't say that his client has a right to errect his fence and it doesn't say that we have no right to prevent him. The letter claims there to be sufficient room to turn and park, and that we have not previously used the area where the proposed fence is to be sighted.
It all sounds like they are just chancing it with a solicitors letter hoping we will give in.
We will of course be consulting our solicitor again but this is all becoming tiresome and expensive. Can anyone on the forum offer us any reassurances.
It's sounding like we will have to take this to law. How easy is it to take out an injunction to stop them progressing?
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Re: Neighbour erecting a fence on a ROW

Postby Eliza » Sun May 15, 2016 7:40 pm

Am I correct in reading your post as meaning that you wish to approach your garden from a different direction to that you currently use - and, if so, that that would mean you driving over a different part of your neighbours land to what you currently do? Or - even "keep your options open" about approaching from current direction and any other direction you might decide to in the future?
Apologies for not giving exact personal details in my posts - you never know who is reading....
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Re: Neighbour erecting a fence on a ROW

Postby Dylis » Sun May 15, 2016 7:50 pm

Yes...We want to keep our options, and those of anyone that owns this property in the future. Fully open.
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Re: Neighbour erecting a fence on a ROW

Postby arborlad » Sun May 15, 2016 7:53 pm

Dylis wrote:We recently were sent a letter from our next door neighbours solicitors saying that within 14 days our neighbour intends to erect a 2 metre high fence on a section of the shared boundary line between our garden and his. Under normal circumstances this might seem perfectly reasonable, but we have a documented vehicular ROW over our neighbour's land, which allows us to turn on the neighbours land, cross the boundary line and park on our small and restricted back yard.
Our deeds do not define or limit how or where we turn on our neighbour's land, do not define or limit at which point we cross the boundary line, do not define or limit how we park on our land, what size of vehicle or what number of vehicles.
Although we are currently able to turn and park ( with some difficulty) we would like in the future to change various positions devoted to green house, bin storage, etc etc In order to improve our ease of vehicular access and this could involve us using one of a number different lines and angles of approach.
We feel that the fence would limit the options open to us in terms of how we approach our parking area and at what angle we park on it.
Prior to this letter we had already told our neighbour's that our solicitor had advised us that the errection of any structure built on our boundary line would constitute a breach of our rights.
The solicitors letter is interesting, not in what it does say but what it doesn't say. This solicitor doesn't say that his client has a right to errect his fence and it doesn't say that we have no right to prevent him. The letter claims there to be sufficient room to turn and park, and that we have not previously used the area where the proposed fence is to be sighted.
It all sounds like they are just chancing it with a solicitors letter hoping we will give in.
We will of course be consulting our solicitor again but this is all becoming tiresome and expensive. Can anyone on the forum offer us any reassurances.
It's sounding like we will have to take this to law. How easy is it to take out an injunction to stop them progressing?




You really would be better to continue one of your other threads - rather than start a new one.
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Re: Neighbour erecting a fence on a ROW

Postby Collaborate » Sun May 15, 2016 7:56 pm

It seems to me that if you want to frustrate their plans you have 2 options.

1. Tell them you'll try for an injunction.

2. Tell them you'll remove any unlawful obstruction to your ROW, and the proposed fence is such an obstruction.

Both are not without their risks - but then again your neighbour's actions are also not without risks.
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Re: Neighbour erecting a fence on a ROW

Postby Dylis » Mon May 16, 2016 10:40 am

Thank you Collaborate.Thank you for your comments. I suppose we just like a bit of reassurance about things and sometimes just a reply to ones posts is supportive.
I do find Arborlands comment confusing...
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Re: Neighbour erecting a fence on a ROW

Postby arborlad » Mon May 16, 2016 11:58 am

Dylis wrote:I do find Arborlands comment confusing...



What you are enquiring about now is simply a facet of your original query (which you have three different threads on), keeping everything under the umbrella of one thread where all the background and history is contained, all the photos and extracts from deeds are, anyone who has responded to those threads will get an e-mail alert to new posts. Anyone trying to assist will find it difficult where information is fragmented and duplicated amongst several different threads.

Although the forum has several different sub-forums, Boundaries, Trees, Rights of Way etc., it's rare that one doesn't stray into the territory of another, better that that happens, rather than multiple threads on the same problem.
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Re: Neighbour erecting a fence on a ROW

Postby Dylis » Thu May 19, 2016 11:18 am

Oh thanks Arborland.

To set the record straight we have given in and fence is going up. Don't want the hassle, expense, loss of time and our neighbours to be anymore unfriendly than they are already. We have given some stipulations and hope they agree. Oh hum, life eh :D !
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Re: Neighbour erecting a fence on a ROW

Postby span » Thu May 19, 2016 2:13 pm

Dylis wrote:Oh thanks Arborland.

To set the record straight we have given in and fence is going up. Don't want the hassle, expense, loss of time and our neighbours to be anymore unfriendly than they are already. We have given some stipulations and hope they agree. Oh hum, life eh :D !


If you wouldn't mind sending me on your address please, I'd quite like to pop around and help myself to some other stuff of yours. You don't seem bothered by others depriving you of your property.

K? Thanks awfully. Byee.
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Re: Neighbour erecting a fence on a ROW

Postby Dylis » Thu May 19, 2016 3:13 pm

Thanks Spam....

You can't see the bigger picture from there...
Oh, you can come round and take the neighbours if you want....
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Re: Neighbour erecting a fence on a ROW

Postby despair » Thu May 19, 2016 3:15 pm

Dylis

I believe you are wrong to allow your bully neighbours to walk all over you and place fencing on your legal ROW

Surely you have legal expenses cover somewhere
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Re: Neighbour erecting a fence on a ROW

Postby Dylis » Thu May 19, 2016 3:35 pm

Hi `nothingtodowithme,

As with most legalese, what you have posted wouldn't win any Plain English Awards, and I had to lie down after reading it. But, in answer to your question, " Does your solicitor think you have a substantive cause for action?" He does, on balance, but with some caveats.....it's complicated. But he warned against entering the "Legal Black Hole" over what our neighbours claim will be only 1.8 metres long x 2 metres high ("very tasteful") post & rail fence at one end of a 12 metre boundary line. He instead suggested we lever some advantage out of our acceptance. That we lose no light, and that we can install power across their land to our garage.
We do have insurance which we checked out but it would only cover court expenses and not any breifing work prior to court. Plus also, we don't want a black mark of litigation hanging over the house if we were to sell it....a strong possibility because of these lunatic, self righteous,............... folk.
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Re: Neighbour erecting a fence on a ROW

Postby arborlad » Thu May 19, 2016 4:17 pm

Dylis wrote:Oh thanks Arborland.




I think you will get a better response if you c+p your first post from this thread - to this one: viewtopic.php?f=8&t=19941
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Re: Neighbour erecting a fence on a ROW

Postby span » Thu May 19, 2016 7:14 pm

Dylis wrote:... He instead suggested we lever some advantage out of our acceptance. That we lose no light, and that we can install power across their land to our garage..


You neighbours will thereafter argue that you'd agreed to extinguish that part of your right of way in consideration for those compromises. So there's another whole batch of worms being stuffed into a can in preparation.

You'd be better served to write to them simply stating that you do not agree to any diminishment of your right of way, and you reserve the right to take any action you deem necessary to protect that right of way, at a time of your own choosing. And sack your spineless lawyer.
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Re: Neighbour erecting a fence on a ROW

Postby despair » Sat May 21, 2016 4:53 am

Ditto
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