Yet another boundary dispute

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bluegate
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Re: Yet another boundary dispute

Post by bluegate » Fri May 02, 2014 11:56 am

Hi Mac,
sounds to me like he doesn't want to shell out for something more permanent...
I think that the neighbour's new extension will run along where he has put his new 'fence', so it's probably not worth him putting anything permanent there. He has replaced the fencing around the rest of his property though.

Regards,
bluegate

bluegate
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Re: Yet another boundary dispute

Post by bluegate » Sat May 10, 2014 9:48 pm

Hi all,

An interesting development today - the neighbour dropped round and we had a good chat about things. He said that Land Registry, Council, etc weren't interested and that he didn't want to take the legal route to force the issue.

The interesting bit is that he has discovered a retaining wall under the ground whilst digging for his new fencing which could well be the correct boundary. Here's a picture:

Image

He's now proposing to run the new fence along his side of the retaining wall and up to the bungalow wall. He said he may want to put a low (3ft), fence his side of the boundary along the wall but we're going to discuss that further once he's started his extension as in theory the retaining wall should run all the way along and be visible when he starts digging for the footings.

Hopefully this will be the start of getting this all resolved amicably.

Many thanks to everyone on here for the advice!

Regards,
bluegate

MacadamB53
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Re: Yet another boundary dispute

Post by MacadamB53 » Sat May 10, 2014 11:33 pm

Hi bluegate,

He said that Land Registry, Council, etc weren't interested

funny that...

and that he didn't want to take the legal route to force the issue.

wise move.

I hope things do get sorted out amicably for you both.

Kind regards, Mac

bluegate
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Re: Yet another boundary dispute

Post by bluegate » Fri Oct 31, 2014 5:35 pm

Hi all,

I'm back with an update although not a particularly happy one on the progress with my neighbour.

Everything was going well until recently. The neighbour said a while ago that he was having a damp problem along the wall that currently forms the boundary so I agreed that he could remove the soil from along the wall and put a *small* line of gravel along it to improve the drainage. Whilst digging this channel, the neighbour say he found an old fence post(s) that must've formed the original boundary line and so has decided to create his border out to this level. The result looks like this:

Image
Image

I went over during the day yesterday to have a look and had a dig to find the fence post concrete he'd mentioned - it was a lump of concrete that also had some mortar/render on the side of it which struck me as strange, but with a flat section down one side that might've been a fencepost. I'd have expected that to be in the middle though? I had a dig further along the line and didn't find any others along there - it would seem that unfortunately as part of his building work the others were removed.

My complaints about the size of the border have been met with flat refusal to do anything about it as "it follows the original boundary", even though this doesn't seem to correspond with my previous photo that shows the retaining wall he discovered early this year.

When a family member knocked on his door to complain about the soil and rubble that had been thrown out across the lawn and was preventing the grass from being mowed he stormed across into my garden and was thoroughly obnoxious and abusive (bordering on funnily so). He's threatening to "go to law" about the issue now.

I think that current his motivation is to be able to gain access down the side of his property to "put up a pair of steps and clean my gutters and fascia", as he puts it. He wanted to put a gate in his fence where the new extension ends so that he had access (although he said I could lock it from my side if I wanted), rather than having to walk a long way around to come in through my front gate (which fronts on to a different road). I've flatly refused this now, so he's said he'll either climb over the fence or take it down. I'm aware that I can't refuse him access to maintain his guttering/fascias but I think he's supposed to give notice first?

The other 'motivation' is possibly that I've reported a new dormer window he's built above the wall pictured to the local planning officer. It looks directly into the whole my garden and has clear glass that opens. I asked if he'd consider using obscure glass and he said "No, I don't have to". I know he didn't apply for planning permission and after some reading of the permitted development rules it would appear that it doesn't meet those either as it's a side-facing window and as such should obscure glass and not open.

Overall, I think it could be worse but he's absolutely impossible to talk to now and just flies into a rage whilst refusing to listen. :roll:

Bluegate

MacadamB53
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Re: Yet another boundary dispute

Post by MacadamB53 » Fri Oct 31, 2014 7:36 pm

Hi bluegate,

I bet that you feel better now for getting all that written down and out of your system.

however, whilst you've given lots of detail about the guy next door's plans/activity you haven't actually mentioned what it is you want...

Kind regards, Mac

bluegate
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Re: Yet another boundary dispute

Post by bluegate » Fri Oct 31, 2014 8:37 pm

Hi Mac,

I do feel better for getting that out of my system.

What I'd ideally like is nothing along the wall at all, as it used to be. Failing that, a 1ft gravel border would be fine.

Bluegate

jdfi
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Re: Yet another boundary dispute

Post by jdfi » Tue Nov 04, 2014 9:46 pm

bluegate wrote:I'm aware that I can't refuse him access to maintain his guttering/fascias but I think he's supposed to give notice first?
Yes you can refuse - unless he has an easement for access then everything else is down to him asking politely and you making your own decision.

MacadamB53
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Re: Yet another boundary dispute

Post by MacadamB53 » Tue Nov 04, 2014 10:17 pm

Hi bluegate,

is there any particular reason, having gone to the trouble of making sure he understood the land was yours, you didn't agree to his request and install a "french drain" along the edge of your property beside his house? (ie why did he dig your land!)

I am confused...

Kind regards, Mac

COGGY
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Re: Yet another boundary dispute

Post by COGGY » Wed Nov 05, 2014 11:20 am

Hi

W"hy have you not reported the window with a clear view of your garden? You need to contact the Council urgently regarding this. He should have obtained Planning Permission when you would have been notified and given the opportunity to object. Your neighbour appears to be telling you anything which suits his purpose. For many years we accepted what we were told by our neighbour (he was on the Planning committee after all). Eventually we (and the Council Planning Dept) discovered that all was not as he stated it to be. Please do not accept everything your neighbour says at face value. Investigate it.

Kind regards

Coggy

arborlad
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Re: Yet another boundary dispute

Post by arborlad » Wed Nov 05, 2014 12:45 pm

bluegate wrote:
For completeness, here is a picture going in the other direction:
Image

Thanks,
Bluegate

That is not a fence post you can see in that photo, it is a concrete repair spur which should have had a 4" post attached to it.
arborlad

smile...it confuses people

bluegate
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Re: Yet another boundary dispute

Post by bluegate » Wed Nov 05, 2014 7:39 pm

Hi all,

Thanks for all the replies - I'll try to reply to each of them below:

arborlad - that concrete repair spur does indeed now have wooden fence post attached to it.

Coggy - I contacted the local council on Monday. They've been out today and the neighbour has now agreed to put in obscure glazing and to fix the window so that it does not open, rather than apply for planning permission. The council are going to check the work once he's completed it.

Mac - naivety or stupidity on my part. I'd agreed that the neighbour could access my side to replace his guttering and fascias, and he mentioned that he was having a damp problem along the wall. We were getting on fine at the time, and he offered to dig a trench along the wall and fill it with gravel which I (thinking I was being a good neighbour), agreed let him do. The old adage of give 'em an inch and they'll take a mile certainly appears to apply.

jdfi - I know I can refuse him access but I thought that the Access to Neighbouring Land Act 1992 would potentially apply if he wanted to clean his guttering out?

Thanks all!

Regards
Bluegate

COGGY
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Re: Yet another boundary dispute

Post by COGGY » Wed Nov 05, 2014 8:29 pm

Hi
Mac - naivety or stupidity on my part. I'd agreed that the neighbour could access my side to replace his guttering and fascias, and he mentioned that he was having a damp problem along the wall. We were getting on fine at the time, and he offered to dig a trench along the wall and fill it with gravel which I (thinking I was being a good neighbour), agreed let him do. The old adage of give 'em an inch and they'll take a mile certainly appears to apply.

jdfi - I know I can refuse him access but I thought that the Access to Neighbouring Land Act 1992 would potentially apply if he wanted to clean his guttering out?
He is quite obviously capable of being the "good neighbour" when he wants something. Time for you to be the "Wise neighbour". We are all taken in sometimes, that is how we learn. He does not have an automatic right to access your garden, unless it is written in his deeds. Tell him that you do not wish to have a gate between the gardens. Very good of him to tell you that you could lock it if you wished. I bet he made it sound quite reasonable when said it too. Ask him to show you where his deeds give him a "right" to enter your property. :roll:

Kind regards
Coggy

bluegate
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Re: Yet another boundary dispute

Post by bluegate » Mon Nov 10, 2014 3:32 pm

Hi Coggy,

I have copies of his deeds from Land Registry and there is no right to access my property in there.

I told him that that I won't accept a gate during our last encounter and he said he'd just take the fence down then or climb over it and that I was being "b****y petty" :roll:. I've heard nothing from him since then (almost two weeks ago).

Nothing has been touched along the wall since either then so my guess would be that he's continuing with his threat to "go to law".

Kind Regards,
bluegate

bluegate
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Re: Yet another boundary dispute

Post by bluegate » Fri Dec 12, 2014 3:33 pm

Hi all,

An update on my lovely neighbour.

I went down the garden last night to find he's installed a rather fetching uPVC door into the gap between his new fence and the wall (not in the wall, just the fence line). It opens into his garden. Looking at the fitting I'd guess it's not permanent as it's screwed into a couple of bits of plywood. My quirky sense of humour would say that since I told him he wasn't having a gate, he's fitted a door instead :D

I assume that I'm well within my rights to erect a fence panel (without fixing it to his fence or wall), in front of this door to prevent access to my garden?

Regards,
Bluegate

snyggapa
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Re: Yet another boundary dispute

Post by snyggapa » Fri Dec 12, 2014 4:14 pm

or dig a hole :evil:

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