Potential damage from spiky chain

despair · Post by **despair** » Sun Oct 28, 2007 7:45 pm

So your neighbour is unreasonable because he is unhappy about your son playing LOUD music in your garden at night

His suggestion of earphones was no doubt also preceeded by "turn it down a bit"

It might be your land but that does not give you or your son the right to cause noise disturbance for your neighbour

Oh and of course your neighbour is also unreasonable because he has reclaimed a few inches of his land and refuses to move his one car over to accomodate you opening one of your 6

your answer to all this is your neighbour should after 35 years of living in his house move out and live in middle of a field !!!!!!!!!!! because you consider "its your right " to do as you please

Rosenberg · Post by **Rosenberg** » Mon Oct 29, 2007 7:07 pm

Thanks for your reply andrew54. It's nice to read a constructive reply for once.

I didn't think we should be held liable and thanks for confirming it. Nevertheless the neighbour maintains that we ARE liable because the slabs were installed as a footpath rather than for vehicles. However I don't really think it matters what he says they are to be used for. The fact is he knew that they would be driven over when he installed them so if he didn't make them strong enough, that's his problem.

To make mattres worse, he's done just the opposite of what you suggested and installed them about 40mm higher than our drive, so he will obviously have to accept some of the blame.

I think I'll put it in writing then he will know for sure that he hasn't got a leg to stand on.

Despair: you are just twisting my words and making things seem far more one sided than they really are. As I said, my son doesn't play his music every night. In fact the neighbour gets more than his fair share of quiet nights. He's such a miserable old b*****d himself, he just wants to stop everyone else from enjoying themselves aswell. You don't know what this neighbour is like, so you shouldn't make one sided comments.

And by the way: as long as I'm not doing anything illegal, it IS my right to do as I please on my own property. I have worked hard for it and I have earned the right.

And it was you who first suggested living in the middle of a field. Why is it so much worse if I suggest the neighbour do it rather than me?

despair · Post by **despair** » Mon Oct 29, 2007 9:12 pm

How about you post a photo of the 2 drives so we can all see what the problem is and why your neighbour is such "a miserable old b*****d"

I agree i dont know your neighbour however he has lived there 35 years

You are effectively the newcomer ..............i wonder if the other neighbours have the same pronblem with him or maybe they are unhappy about you .

If you are doing nothing illegal thats fair enough but if loud music outside is not what others in the area do

Sometimes the adage "when in Rome do as the Romans Do " springs to mind

thin and crispy · Post by **thin and crispy** » Tue Oct 30, 2007 10:36 pm

I think despair is right Rosenberg. You do seem more than a little unreasonable in your attitude to both the parking and the noise.

As you say, you have a right to do what you want on your own property. The problem is that people can often be too quick to claim their "rights" while ignoring the obligations that come with them.

The fact you seem to be missing is that your son's noise pollution obviously does not remain on your property. It also contaminates the surrounding properties over which you have no rights. If you believe you have a right to fill your property with as much noise as you like, you must surely acknowledge that your neighbour has the same right to choose the level of noise within his property.

You seem equally one sided when it comes to the parking issue. You say it wouldn't inconvenience your neighbour if he were to park elsewhere on his own land. But that is completely missing the point. You have no right whatsoever to trespass on his land - either with your vehicles, or on foot when you exit your vehicles.

It is entirely up to to your neighbour where he parks on his drive. Maybe he parks where he does to stop you trespassing on his land, and I don't see that he should be branded unreasonable for doing so.

With regard to the damage to your neighbours flags, you seem to have skirted round the central issue there as well. As I understand it, the flags are on your neighbour's land. You say you can't prove that any of that land belongs to you and, indeed, that the flags respect the boundary line indicated in your the deeds. In that case your neighbour has absolutely no obligation to make his flags suitable for vehicular traffic - particularly as that traffic (your six cars) is trespassing on his land. If you do damage his flags, I'm quite sure you would have to accept full liability.

Think, for example, what would happen if your neighbour had chosen to site a lawn or a flower bed there instead of the flags.

If you have trouble fitting your vehicles onto your drive, it is entirely your responsibility to make other parking arrangements. Don't try to offload your difficulties onto your neighbour.

I don't know what he has done to make you dislike him so much, but nothing you have "accused" him of on this forum makes him seem in the slightest bit unreasonable or unneighbourly.

You say that you don't like him because he keeps himself to himself and doesn't socialise. Again, that's his choice and his right. You say everyone you have spoken to "hates him" - yet you say half of those people don't even know who he is. It sounds to me like you've been doing a little muck spreading there.

I urge you to do as despair suggested and try to imagine how you would feel if situation were reversed.

Of course, if your neighbour is genuinely unreasonable and a "miserable old b*****d", why not post the details here. I'm sure you would get some sympathy, but until then I feel that it's you who comes across as the unreasonable party.

Rosenberg · Post by **Rosenberg** » Tue Mar 25, 2008 11:11 pm

Hello all. I posted with a drainage query a while back and (some of) you were kind enough to give me some constructive advice.

I now have another problem with neighbours. They have erected a post and chain fence along the boundary of my drive. It consists of four posts supporting three lengths of steel chain. The chain contains those sharp metal spikes / diamonds. My neighbours says they are for decoration and security. but the chain whips about in the wind.

Now if I park my car within about 9 to 12 inches of the chain, I risk it getting scratched or dented as the chain swings about.

Does someone have any idea how I stand?? The fence is wholly on his side unless the wind is blowing! so I can't accuse him of trespassing. The only remedy I can think of is to cut the connecting links with an angle grinder but then I suppose I'll get done for criminal damage.

Any idreas?

subjecttocontract · Post by **subjecttocontract** » Wed Mar 26, 2008 6:26 am

Suggestions:
1. Talk to neighbours and explain problem ask them to resolve.
2. Ask them to shorten chain so wind is less of a problem.
3. Suggest more/ some intermediate posts.
4. Erect your own fence/ barrier.

Rosenberg · Post by **Rosenberg** » Thu Mar 27, 2008 3:06 pm

Thanks for your reply Subjecttocontract. Unfortunately, neighbours arent amenable to reasonable discussion so suggestions 1, 2 and 3 arent possible.

Also: I am very short of space on the drive as it is (neighbour has taken part of it) is so I cant easily erect my own barrier either.

What I was hoping is that you or one of the other forum members might be able to explain my legal rights. The chain keeps swinging over my land As it could easily damage my vehicles it means that I don't have full use of my own land. Surely, there must be some law which offers me protection?

Any advice would be gratefully received.

subjecttocontract · Post by **subjecttocontract** » Thu Mar 27, 2008 4:27 pm

Any sort of physical barrier would solve the problem......some thin metal stakes/poles etc would solve it.

Not sure there is a legal resolution worth the effort.

tryingnottobeafool · Post by **tryingnottobeafool** » Fri Mar 28, 2008 9:53 am

you would have to measure the driveway correctly

the fence actually may be in the correct position. It may be on the boundary line, but the posts are encroaching in your part

if its a shared responsibility then you have to agree what to put up

the easiest way is to run a string line down the gable end of your house down to the pavement. The string should run all the way down the side of the house and just a fraction away from the wall, so its running true.

then measure to fence and also the gap between houses ( at front and rear ). You will be able to work out if its in the middle and by measuring from string line at pavement to fence if its straight

The chain sounds as if its quite plasticky and cheap and tacky, but if they are responsible for it they can put up it up. Check your deeds and his to find out.

arborlad · Post by **arborlad** » Fri Mar 28, 2008 5:05 pm

Three lengths of re-bar driven in should cure the sway of the chain. Measure from the bottom of the loop to ground, add 18", that should be sufficent - beware of buried cables.

Rosenberg · Post by **Rosenberg** » Sun Mar 30, 2008 11:15 pm

Thanks for the advice everyone. What you all seem to be saying is that, despite the chain swinging over my land, causing potential damage to my cars, it's up to me to stop it with a physical boundary on my land.

Is there really nothing the law can do to stop this trespass?

What if I parked my car close to the fence one evening and then the wind got up overnight causing the chain to swing into my car? Would I be able to claim damages back from my neighbour?

tryingnottobeafool: Unfortunately, the chain isn't plastic. Its solid steel (and so are the spikes embedded into the chain). That's the problem.

andrew54 · Post by **andrew54** » Mon Mar 31, 2008 5:24 pm

Rosenberg wrote:What if I parked my car close to the fence one evening and then the wind got up overnight causing the chain to swing into my car? Would I be able to claim damages back from my neighbour

You might have to prove that the neighbour had been negligent. It could be argued that he has done something reasonable, normal, usual.

Trog · Post by **Trog** » Mon Mar 31, 2008 5:43 pm

I suspect that your neighbour is in the wrong. However unless you are a Robert Maxwell type figure able to buy justice, I very much doubt that the courts would be interested. As stated above about all you can really do is put in something to stop the chain swinging. Just make sure it is not something the local Postie etc is going to catch himself on while stepping over the fence.

Rosenberg · Post by **Rosenberg** » Wed Apr 02, 2008 3:45 pm

Yes, I suppose if my car got damaged by the swinging chain the law would say it was contributory negligence if I parked the car too close to the fence.

Its the same old story. As far as the law is concerned I am being unreasonable for wanting to park my car on my own land! There's no justice for ordinary people. Its no wonder people take matters into their own hands and these problems tend to escalate.

WILL*REMAIN*STRONG · Post by **WILL*REMAIN*STRONG** » Wed Apr 02, 2008 4:18 pm

Rosenberg wrote:Yes, I suppose if my car got damaged by the swinging chain the law would say it was contributory negligence if I parked the car too close to the fence.

Its the same old story. As far as the law is concerned I am being unreasonable for wanting to park my car on my own land! There's no justice for ordinary people. Its no wonder people take matters into their own hands and these problems tend to escalate.

STC gave you a solution to this potential problem I think, as long as you don't use anything with a sharp point that could impale someone...as tempting as that may be!