Neighbour threatening to steal a third of the garden

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catapult1
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Location: Hampshire

Re: Neighbour threatening to steal a third of the garden

Post by catapult1 » Thu Sep 12, 2013 8:33 pm

Let us know if he does anything while she is away.
My answers are not of a legal nature, only what I consider to be common sense.

Sudynim
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Re: Neighbour threatening to steal a third of the garden

Post by Sudynim » Sun Sep 22, 2013 10:55 pm

Lambzig wrote:I just wanted to say thank you for the advice. My sister got her injunction and is planning to take her holiday with our cousin house sitting, so could take action.

The neighbour has said absolutely nothing about it, so hopefully has just accepted it rather than planning his next move.
If he breaks the fence down and builds in defiance of this injunction, he will regret it. Well done!

Lambzig
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Re: Neighbour threatening to steal a third of the garden

Post by Lambzig » Wed Oct 16, 2013 11:17 am

Hi, thought I would update and it's not good news.

Nothing happened while she was away, but my sister has just received notice of a planning application put in by her neighbour. The permission is for a massive single storey garage and garden room,the garage half of which is, you guessed it, completely over the bottom of her garden. He has declared that he owns all the land.

My sister went round (a mistake in my view) and received a torrent of abuse and was told that if he gets planning permission it will 'trump' her injunction and anyway injunctions have a six month time limit (we can't find anything in the paperwork to say this) and it isn't worth the paper it is written on as he didn't sign it and wasn't in court. His most scary threat was that if she didn't sell him the land he knew people and she needed to think about her family. I think she should go to the police, but she says it is his word against hers and he is a posh public schoolboy type and they will believe him. I think because she still has the emails and the injunction etc, then they will at least listen about the threats.

I don't think that him applying for planning is a breach of the injunction, but I guess we will have to ask the solicitor.

Her husband is coming back in a couple of weeks, so I dread to think what he will do when he hears the threats.

So, she has an appointment with the solicitor and she is speaking to a planning consultant friend who is helping her word an objection and speak to the council. I have seen too many times on here that planning is approved despite the applicant

arsie
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Location: Norfolk

Re: Neighbour threatening to steal a third of the garden

Post by arsie » Wed Oct 16, 2013 12:04 pm

Planning permission is separate from land law. Whether or not his plans are approved he cannot annex or build on your land without breaking the law. However I would check the terms of the injunction. Perhaps others can advise whether injunctions are time expiring or not.

I would report the implied violence against family to the police for the record. In future if he gets permission and starts building with heavy machinery there may be more threats of violence and matey seems to think he is above the law. This may be a long and stressful situation and it could get a lot worse.

Seriously consider selling the land to this jerk - for a premium - and moving on while the market is good :(

edit:
Motion-triggered CCTV with PVR recording 24/7 would be a good idea. I would expect border raids and fence damage to start happening sooner or later :roll:

Roblewis
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Re: Neighbour threatening to steal a third of the garden

Post by Roblewis » Wed Oct 16, 2013 1:28 pm

arsie wrote:Planning permission is separate from land law. Whether or not his plans are approved he cannot annex or build on your land without breaking the law. However I would check the terms of the injunction. Perhaps others can advise whether injunctions are time expiring or not.

I would report the implied violence against family to the police for the record. In future if he gets permission and starts building with heavy machinery there may be more threats of violence and matey seems to think he is above the law. This may be a long and stressful situation and it could get a lot worse.

Seriously consider selling the land to this jerk - for a premium - and moving on while the market is good :(

edit:
Motion-triggered CCTV with PVR recording 24/7 would be a good idea. I would expect border raids and fence damage to start happening sooner or later :roll:

Selling the whole premises to him has attractions if you can contemplate moving I suggest market value plus 20% for the whole

Lambzig
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Re: Neighbour threatening to steal a third of the garden

Post by Lambzig » Wed Oct 16, 2013 2:25 pm

Yes, despite the fact that my sister spent 18 months looking for the right house in the area she wanted to live in, she is thinking of selling the whole thing to him if he wants. What she doesn't want is to sell him a bit of her garden. She bought the house partly because of its large (for London) garden. It's just exhausting and it's not even my house! I have renewed sympathy for those on here suffering.

Did I read somewhere that a large percentage of those in high finance roles in the city (as NFH is) have strong sociopathic tendencies?

despair
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Re: Neighbour threatening to steal a third of the garden

Post by despair » Wed Oct 16, 2013 3:08 pm

sociopath = bully

those who can do .............those who cant bully

Sadly those who screw up in big organisations get promoted and become power hungry
They think they can ride roughshod over everyone

You need to be very cunning indeed to outsmart them

Mojisola
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Re: Neighbour threatening to steal a third of the garden

Post by Mojisola » Wed Oct 16, 2013 4:50 pm

Lambzig wrote:Hi, thought I would update and it's not good news.
I don't think any of the regulars on here would be surprised by this news. The type of neighbour you described just doesn't back down as easily as he seemed to.

He won't stop until he gets what he wants. It's a very sad state of affairs.

catapult1
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Location: Hampshire

Re: Neighbour threatening to steal a third of the garden

Post by catapult1 » Wed Oct 16, 2013 6:03 pm

Has anyone pointed out to him that planning permission isn't permission to build regardless of what they think they own or not!?
My answers are not of a legal nature, only what I consider to be common sense.

Lambzig
Posts: 35
Joined: Tue Sep 03, 2013 11:45 am

Re: Neighbour threatening to steal a third of the garden

Post by Lambzig » Wed Oct 16, 2013 7:16 pm

My sister met with her solicitor who called the police while she was in his office, so the threat is going to be reported.

He is going to send a strongly worded letter to neighbour saying the emails plus planning application is clearly malicious and stating that his actions are harassment, and that the injunction stands. He thinks the council will want to back away from this one once they are aware of the injunction as, although they cannot refuse planning on those grounds, they certainly won't want to get involved or risk bad publicity and can find other reasons. Apparently, he said they wouldn't like the headline "Royal Borough help city financier steal family's land".

My sister going round there was a mistake as he can claim she was harassing him apparently, but she was furious.

Unfortunately, injunction is to stop trespass and doesn't cover this, but it is not time limited in such a strict way and as we all knew anyway, is not trumped by planning permission. If he did get planning permission apparently my sister can get further injunctions.

It's all very grim and what will happen is that my sister and her family will end up hounded out of their home as he won't give up.

arsie
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Location: Norfolk

Re: Neighbour threatening to steal a third of the garden

Post by arsie » Wed Oct 16, 2013 7:18 pm

catapult1 wrote:Has anyone pointed out to him that planning permission isn't permission to build regardless of what they think they own or not!?
Catapult this is not the sort of person who hears what he doesn't want to hear. This is a megalomaniac :shock:

arsie
Posts: 1957
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Location: Norfolk

Re: Neighbour threatening to steal a third of the garden

Post by arsie » Wed Oct 16, 2013 7:27 pm

Lambzig wrote:It's all very grim and what will happen is that my sister and her family will end up hounded out of their home as he won't give up.
No!!!

Beat a dignified retreat and pocket the money. Roblewis and his 20% premium sounds about right. But if it is true your sister's house has a larger garden than normal selling a slice off shouldn't have too bad an effect on its value. The trouble is living next door to a b*stard won't be to everyone's choice even if you can end the dispute for any time (so you can honestly declare 'no disputes' on the sales form) and he might claim otherwise just for spite.

On balance I think Roblewis' advice is best. Getting out in one piece isn't going to be easy though.

"Don't get mad, get even".

Lambzig
Posts: 35
Joined: Tue Sep 03, 2013 11:45 am

Re: Neighbour threatening to steal a third of the garden

Post by Lambzig » Wed Oct 16, 2013 8:13 pm

He has offered to buy her house a few times, including in the rant on his doorstep. Quote "I have more money than you and I will get what I want, so just sell the house to me and *** off back to where you came from." (My sister is English but her husband is from India, so racist too)

I think you are right, forget pride, forget it was her dream home, realise it's ruined and move on. Let the solicitor handle negotiation though. I will try and persuade her to get it valued. Maybe she can take her beautiful summer house with her.

It's awful he will get his own way. Is it any wonder I am currently musing on how to be a good neighbour.

arborlad
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Location: Hertfordshire

Re: Neighbour threatening to steal a third of the garden

Post by arborlad » Wed Oct 16, 2013 8:40 pm

Lambzig wrote: Maybe she can take her beautiful summer house with her..

Most summer houses come in kit-form, like a shed - so should be possible.
arborlad

smile...it confuses people

span
Posts: 1679
Joined: Sat Nov 06, 2010 1:34 am

Re: Neighbour threatening to steal a third of the garden

Post by span » Wed Oct 16, 2013 11:42 pm

I can't believe people are advocating selling up. Well, I can. Anything for an easy life, eh?

Anyone want my prediction for the future if she does decide to sell out?

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