Neighbour alters party fence?

Neighbour alters party fence?

Postby Ronnie_Scott » Tue Sep 06, 2016 4:31 pm

Hi All,

Wondering if somebody can give in opinion on a rather frustrating situation we find ourselves in?

Long story short, my neighbour has decided to alter a party fence to give himself vehicular access to an island of land he owns surrounded by our land. My neighbour enjoys ‘classic cars’ and has up to 20 at any one time surrounding my property on 3 sides. He now wishes to also fill the island of land with cars as well. Yes, he likes to often loudly rev them for our enjoyment as well. The property site is equestrian based in nature and was sold as such. Unfortunately, the island of land borders our stables and horse school and we really don’t want the revving and fumes near to the horses, not to mention the noise.

So, they have partially removed the post and rail fencing and installed a gate. To compound this, they replaced a strip of grass belonging to us, which borders the island and party fence, with hardcore to complete the entrance way. This was done without any communication with us. The ‘island’ was always intended as a winter turn out paddock for horses and obviously not somewhere to store cars although I suppose they can do what they like with the land given the correct access. It has existing access through the back of an outbuilding which is also sited on the island of land which were intended to be stables (they are using them to store junk). This access point is not quite large enough to fit a car through. There is another pedestrian access point which has right of way over our grass strip.

We have had some discussion with our neighbours over re-instating the fence to its original state and recently it has gone to mediation to attempt to help matters. We have stated to our neighbours that we believe this new access point to be illegal (yes it has got that far) and I have been advised by a solicitor that we were within my rights to lock the gate which we have done.

We have basically decided that we would like to extract ourselves from this situation as there has been some other incidents and move house, but we now find ourselves with an outstanding dispute on our hands. So my question is, what are my rights regarding the altered party fence? Can I just re-instate the original state of the fence which is what we have been threatening to do throughout the whole dispute? If we sell our property we really don’t want to be handing something to new owners over with an apparent access point which is not on the land reg plans with a bicycle lock on it!

We are at our wits end over this so any help or comment hugely appreciated!

cheers
Ronnie_Scott
 
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Re: Neighbour alters party fence?

Postby span » Tue Sep 06, 2016 7:45 pm

Restore and reinstate to the previous status.

Plot your revenge.
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Re: Neighbour alters party fence?

Postby jonahinoz » Wed Sep 07, 2016 6:59 am

Hi,

Your neighbour has interfered with a party fence. You think that he is not permitted to do this, he is claiming that he can. (Secretly, he might agree with you). The result is that you have a dispute, which will prevent you selling up.

Rather than argue about alterations to the fence, which may be expensive and time consuming to resolve, could you erect a non-party fence (IE ... your fence) about four inches from the party fence, on your land.

The island will not have PP for the storage of motor vehicles. Your local Planners will be interested. If your neighbours can manage to keep his cars there for four years with out being told to stop, he is home and dry. I presume that the land that he already uses for storage has passed the four year deadline.

An untaxed/unSORN'd vehicle can be seized by DVLA ... unless it is within the environs of a dwelling, or on commercial premises. I don't know if your neighbours fields fit that description. OT... I was looking forward to spending the VED refund on selling my car. Wrong! We realised that I had been driving it without VED for seven months ... we had moved house bit at a time, didn't inform DVLA, so didn't get a reminder. No excuses. SWMBO phoned DVLA to confess ... pleasant man asked for the £80 penalty plus one months VED, which worked out cheaper than had we taxed it, so we were better off. But not the same as having the best part of £100 to squander. :cry:

So, even if your neighbours cars are VED exempt, he could still be hit by the £80 penalty for every car, if he has not declared SORN ... even if he makes a belated declaration. You can enquire on-line whether a car is taxed/SORN'd, all you need is the make and registration. On the other hand, I doubt if reporting these cars will improve your relations.

John W
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Re: Neighbour alters party fence?

Postby arborlad » Wed Sep 07, 2016 12:04 pm

Ronnie_Scott wrote:Long story short, my neighbour has decided to alter a party fence to give himself vehicular access to an island of land he owns surrounded by our land.




Is there an opportunity for a land swap here?.............you both end up with something that better suits your needs.
arborlad

smile...it confuses people
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Re: Neighbour alters party fence?

Postby Ronnie_Scott » Fri Sep 23, 2016 8:32 pm

Hi,

Many thanks for the responses.

Do you need planning permission for the storage of vehicles? The land he has the vehicles on at the moment is rented land next to our garden. There are approximately 10-15 vehicles of differing types on there at any one time including various trailers and a JCB. They have been there approx 18 months. He has 2 old wrecks out the front of both of our houses adjacent to the island of land and a few more parked directly next to his house. We've stopped short so far of getting the council involved for environmental health because this might show up on solicitor searches when we come to sell.

Latest update is he has sent us a solicitors letter stating that they are going to remove the lock on the gate by end of next week and are demanding an easement to access their land. The letter states we are interfering with their right to enjoy their property. It also states that the 'fence is wooden and therefore is not a party wall/fence for the purposes of the party wall act' whatever that means?!

Cheers
Ronnie_Scott
 
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Re: Neighbour alters party fence?

Postby COGGY » Fri Sep 23, 2016 9:09 pm

Hi
While I appreciate your wish not to start a dispute, the situation you describe would surely put most people off purchasing your house. Coggy
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Re: Neighbour alters party fence?

Postby Roblewis » Fri Sep 23, 2016 10:03 pm

To demand an easement for access means that he knows that he does not have one. Smile and ask him just how much he is prepared to pay an easement. In the meantime his admission that he does not have one means that he must desist from access until the matter is settled. Best done I feel via a solicitor
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Re: Neighbour alters party fence?

Postby Ronnie_Scott » Wed Sep 28, 2016 1:15 pm

Hi,

Thanks for the further responses. Have replaced the fence now so its back to how it was originally. See what happens.

Anybody got any further thoughts on the car issue?

Cheers
Ronnie_Scott
 
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