New discussion about old issue.

Re: New discussion about old issue.

Postby arborlad » Mon Apr 25, 2016 8:16 am

loveka wrote: We will go to the small claims court for the plant and bench. .

Was the bench fixed in some way, likewise the rose, you were advised to move it out of harms way until works were completed.
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Re: New discussion about old issue.

Postby SwitchRich » Mon Apr 25, 2016 9:03 am

loveka wrote:My partner let him start the work without the written agreement being legalised as he was sick of the stress it was causing.

Oh Loveka! I'm really sorry to say but trusting this guy after all you've been through was a huge mistake. At some point you need to stand firm and from reading nearly all your posts it seems like you and your partner are easy to push over. Hence why this guy keeps on doing it.

I wish I could offer some advise but I'll leave that to the people on this forum who know their stuff. But you guys (you and your partner) need to get nasty and stop trusting this idiot. And do not make a decision like that without consulting each other. Otherwise you will lose out to this guy and start hating where you live.
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Re: New discussion about old issue.

Postby loveka » Mon Apr 25, 2016 10:23 am

Aborelad, I am going to stop posting here. Your comments are becoming unnecessary. How could I move a 16 year old climbing rose out of harms way? Moving a rose like this almost certainly kills it. We agreed it would have to be destroyed, but agreeded he would compensate us for it, which he now refuses to do. The bench was no where near any building work, he set fire to it whilst having a bonfire.

Rich, yes you are right. My partner hates conflict, and I have no idea why he trusted the neighbour from hell. It was utterly stupid. Sadly I was working abroad and couldn't do anything about it, which I have found very frustrating (to put it mildly...)

Cleo, thanks for the advice, we have a fencer booked to give a quote to do what you suggest.

Sadly my neighbour is vindictive and vengeful. We are dealing with someone abnormal I think.

Thanks all for the advice. If others read this looking for help with a similar situation my advice would be that you have to have a lot of money to pay for legal costs even if you are in the right. No one can actually help you other than a lawyer- preferably a barrister who is a specialist. You won't get any of that money back in a boundary dispute, as judges expect people to work it out between them. It is one thing to say "he can't do that!" , and another to actually get the law to stop him.

Another bit of advice is to always make sure you have legal cover simewhere, and read the policy so you know you will be covered if this type of thing happens. Ours wriggled out because the value of the disputed land was not proportionate to the costs of defending it in court.

Thanks again.
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Re: New discussion about old issue.

Postby arborlad » Mon Apr 25, 2016 11:30 am

loveka wrote: How could I move a 16 year old climbing rose out of harms way? Moving a rose like this almost certainly kills it.

That would be almost entirely dependent on how it was planted - pot grown or bare root, bare root stock rarely has the root ball that a pot grown one does.

In circumstances almost identical to yours, I have had success on saving something that was precious to the owner, on more than one occasion doing it all as one, plant, panel, trellis and posts all moved to a safe location until the development is finished and then returned to thrive in it's new setting.
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Re: New discussion about old issue.

Postby cleo5 » Mon Apr 25, 2016 12:08 pm

Couldn't let your post go without replying.
You have my greatest sympathy, and have had all through as I too had to deal with a nasty neighbour and near neighbour, I was desperate but thanks to folk on here I stood firm and won.
I , supposedly, had legal fees insurance but they wriggled out of it . (Don't they all!)

I hope the fence or wall goes up quickly. You will feel better once it's up.
Replace the cctv once it's up. And plant bamboo in front of the fence and that can grow as high as you want it to. It will totally block out neighbour. Do the same in the front garden. Then you will never even see him.

Be sure to get the signed agreement even if it's a bit late.
Anything that protrudes onto your land whether it's guttering or anything else rip it off and throw it back straight away. He's got his extra four inches so can keep his building completely away from your fence.
You have to continue to be strong until the situation is fully resolved. Then you can move.

I have saved old roses in the past. One was about 20 years old. I brought it with me here from my mother's garden. I had to lift it carefully cutting up some of the roots and pruned it down to 4 buds and it is still alive. It can be done but success can't be guaranteed.

Keep your new roses in pots until you have decided whether to go or stay. Were I you I would sell up at first opportunity.
You don't have to live next to evil people unless circumstances prevent a move.
I hope all goes well now.
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Re: New discussion about old issue.

Postby COGGY » Mon Apr 25, 2016 1:36 pm

Hi Loveka

Please accept my sympathy. We have a vindictive neighbour whose word cannot be trusted. For many years we were friendly and permitted them to do as they liked. There comes a time when enough is enough. In your position I would definitely not move. Presumably you have a home you are happy in. Do not allow the neighbour to force you out. Erect the fence as suggested. Bamboo is brilliant for providing privacy. You do need to research it carefully and plant it even more carefully. We have ours planted in a very large black pot, which was raised on blocks at first. It has now grown and the blocks have been removed. Bamboo can spread and do untold damage so take great care in choosing and planting. The benefit of bamboo is that it can grow as high as you wish and no-one can tell you to cut it down. :)

Sometimes it is really best to put things down to experience. You have a bad neighbour who has taken advantage of your kind natures. Move on and take steps to block him out. Do not under any circumstances permit him to have gutters etc over your land. Do not permit him to have windows overlooking your property. Should he try this then immediately contact the Council to have them removed. If that does not work then put up a strong fence or preferably a wall to block his window before he can acquire any rights whatsoever.

It is possible to live next door to someone like your neighbour with no problems. We do it now. I am not for one moment belittling the stress it causes. It is really bad I know from experience. We have come out the other side and so can you.

Agree between yourselves that you will discuss any problems before giving a decision to the neighbour. Then take steps to block him out and forget him. The best way to annoy him is to move on with your life. No doubt he will try things in the future. Just stand firm. Together you can win.

Put up your new fence, buy your new plants and enjoy your life.

Best wishes Coggy
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