Neighbour fencing a right of way

MacadamB53
Posts: 6373
Joined: Sun Dec 09, 2012 11:13 pm
Number of Posts per Page: 100
Number of topics per page: 50

Re: Neighbour fencing a right of way

Post by MacadamB53 » Sat Feb 07, 2015 12:43 am

Hi Janieb,
Janieb wrote:The side of my house inside the ginnel is a party wall. The fence has been put an inch or two into my side…
we'll have to take your word for it about it encroaching beyond the centre of the party wall - but he could just re-site the fence anyway.
Janieb wrote:...and my neighbour (next door at 22) says as far as he's concerned it's my land therefore my problem.
go speak to No 22 - tell him you want to remove the fence to get the heating problem resolved but wanted to check whether you need his permission first - don't open it up for debate about whose land it's on though...

A. if he repeats his previously stated opinion - it's on your land so it's nothing to do with him - ask him to put it in writing.
B. if he says the fence is on his land and he will permit it's removal ask him to put it in writing.
C. if he says the fence is on his land and he will not permit it's removal that's that.

assuming A or B…

book a gas engineer for the necessary works and order fence materials for 4' fence.
5 days before the gas engineer is due write to No 24 - out of courtesy - to notify him the fence is being removed in 4 days' time so urgent and essential works can be carried out on your property, and that once these works are completed a new fence of your own choosing will be erected.
inform him every effort will be made to avoid causing unnecessary damage to the fence materials so that he can have them back if he wants them.
wind forward 4 days and the posse come round to carefully remove the fence.
day after that the gas engineer gets to work.
day after the gas engineer finishes get the posse back to erect the 4' fence.

if No 24 asks for the fence materials back get the posse to knock on his front door and cordially ask him where he wants them putting.
if he comes round after reading the letter to vent just stand your ground and stick to the two facts - you've got no heating and the fence is on your land.

Kind regards, Mac

Janieb
Posts: 229
Joined: Fri Feb 25, 2005 12:44 am

Re: Neighbour fencing a right of way

Post by Janieb » Sat Feb 07, 2015 7:38 am

mr sheen wrote:What is rather concerning is that a 'posse' are on their way.....to do what exactly?.......if not careful.....cue escalation of a minor civil dispute into a potential breach of the peace and criminal matter......and the premeditation of arranging for a posse to go to get involved in a dispute in an area where they do not live will probably determine who is seen as the aggressors by the police and it won't be the resident neighbour.
Nothing too awful. Just a friend of my sons to have a quiet word with the neighbour and try to persuade him to allow me to have my skip back.

At the moment all the rubbish that should have gone in the skip is being put on the patio outside my kitchen window. The skip company have offered to send a lorry to collect it which I may have to accept. As I can't get a wheelbarrow off my garden the "rockery" at the end can't be removed to a skip so will also end up on the patio as I'm having a new shed built to store garden equipment and as a workshop.

What is more concerning is that a skip will be needed for a few days when they knock down my current kitchen.

The gas engineer turned off my boiler 18 months ago before I was ready to build the new extension. There is no point of going to the expense of replacing the boiler and having a new meter installed at this moment when (hopefully) I will have a new kitchen within the next few weeks and the meter and boiler will be resited.

This neighbour has had something against me from the start. He has had his workmen discharge his excess cement onto my garden, stolen my tarpaulin (I can't prove it and it's petty)', built a 2 metre fence against my conservatory, let my dogs out on to the road, had my skip removed, blocked my row, prevented me from having heating and hot water for two winters, I get the feeling that he is trying to make me move. What he doesn't realise is that I can't. I'm probably not the best neighbour in the world but I'm not the worst either.

Thank you everybody for your advice.
"I prefer rogues to imbeciles, because they sometimes take a rest" Alexandre Dumas (fils)

arborlad
Posts: 7875
Joined: Sun Jul 09, 2006 6:30 pm
Location: Hertfordshire

Re: Neighbour fencing a right of way

Post by arborlad » Sat Feb 07, 2015 9:04 am

arborlad wrote:

On top of this I can't get a wheelbarrow off my garden anyway because the fence he built on my garden is in the way and it's so well built I haven't found a way of removing it yet.

Do you have any more photos of the fence under construction, preferably where the rail meets post.
arborlad

smile...it confuses people

Janieb
Posts: 229
Joined: Fri Feb 25, 2005 12:44 am

Re: Neighbour fencing a right of way

Post by Janieb » Sat Feb 07, 2015 11:23 am

arborlad wrote:
arborlad wrote:

On top of this I can't get a wheelbarrow off my garden anyway because the fence he built on my garden is in the way and it's so well built I haven't found a way of removing it yet.

Do you have any more photos of the fence under construction, preferably where the rail meets post.
I'll try and put some on but it may take a while. I have to do it through my printer which is new and I've been having problems doing anything except printing. I also have a new laptop and I hate Windows 8.1 with a vengeance.
"I prefer rogues to imbeciles, because they sometimes take a rest" Alexandre Dumas (fils)

MacadamB53
Posts: 6373
Joined: Sun Dec 09, 2012 11:13 pm
Number of Posts per Page: 100
Number of topics per page: 50

Re: Neighbour fencing a right of way

Post by MacadamB53 » Sat Feb 07, 2015 11:33 am

Hi Janieb,

a skip will be needed for a few days when they knock down my current kitchen.

not if you throw more hands at the job.

Kind regards, Mac

arborlad
Posts: 7875
Joined: Sun Jul 09, 2006 6:30 pm
Location: Hertfordshire

Re: Neighbour fencing a right of way

Post by arborlad » Sat Feb 07, 2015 12:04 pm

Janieb wrote: I'll try and put some on but it may take a while. I have to do it through my printer which is new and I've been having problems doing anything except printing. I also have a new laptop and I hate Windows 8.1 with a vengeance.
[/quote]


Remove two or three of the featherboards in the area of a post and describe what you see, are the rails triangular or square?

I am a very firm advocate of doing things correctly with boundary features, part of that correctness is knowing who owns it. In the context of this thread, knowing who doesn't own it is more significant, unless I've completely misunderstood the layout of these properties, no.24 has no legal interest in your fence.
arborlad

smile...it confuses people

arborlad
Posts: 7875
Joined: Sun Jul 09, 2006 6:30 pm
Location: Hertfordshire

Re: Neighbour fencing a right of way

Post by arborlad » Sat Feb 07, 2015 2:07 pm

Janieb wrote:I'm trying (probably too hard) not to go down the legal route. It won't improve neighbourly relations and the legal profession have already had too much out of me.

You continue to strive for that.



The planks are scaffolding planks.

..............so a half hour should see the ginnel clear, but what are you going to do with them?

You can't put them somewhere else on your neighbours land, that would create bad feeling.

You can't place them on the highway.

Probably not, is there room on your land for them?

Will no.24 receive them, if not you have a quandary. Whilst you have the right to an unobstructed right of way, clearing the obstruction has to be done reasonably.

arborlad wrote:[]


In the context of this thread, knowing who doesn't own it is more significant, unless I've completely misunderstood the layout of these properties, no.24 has no legal interest in your fence.

What is probably more significant is no.24 has made no claims to that effect.
arborlad

smile...it confuses people

Janieb
Posts: 229
Joined: Fri Feb 25, 2005 12:44 am

Re: Neighbour fencing a right of way

Post by Janieb » Sat Jun 13, 2015 11:18 am

New update. I have now got planning permission for the new kitchen. My shed is up and I'm currently clearing the conservatory and kitchen prior to the old kitchen being demolished. All this has taken so long that my builder has gone on to another job so I have to find another one.

I went out for breakfast earlier with my son and when I got back my gate into my garden has been screwed closed. My neighbour on the other side's cleaner uses it to get to work. I'll unscrew it and fix a new catch back on when it stops raining. Does this idiot not realise that by obstructing my property it is going to take longer to stop it being an eyesore. My son will be back tomorrow to help. Not today as it's his fathers 70th birthday. :x

Oh and my son wrote him a letter 4 weeks ago explaining what was happening and that the skip would be back but for as short a time as possible.

I will send photo's later.
"I prefer rogues to imbeciles, because they sometimes take a rest" Alexandre Dumas (fils)

Janieb
Posts: 229
Joined: Fri Feb 25, 2005 12:44 am

Re: Neighbour fencing a right of way

Post by Janieb » Sat Jun 13, 2015 12:44 pm

"I prefer rogues to imbeciles, because they sometimes take a rest" Alexandre Dumas (fils)

arsie
Posts: 1957
Joined: Wed Apr 21, 2010 9:13 am
Location: Norfolk

Re: Neighbour fencing a right of way

Post by arsie » Sat Jun 13, 2015 1:33 pm

Janie,
scaffolding planks are very useful for raised vegetable beds. Use them/sell them on gumtree :) p.s. Don't be tempted to use them as such, they may well be out of date for that purpose.

Janieb
Posts: 229
Joined: Fri Feb 25, 2005 12:44 am

Re: Neighbour fencing a right of way

Post by Janieb » Sat Jun 13, 2015 3:57 pm

I'm not a great fan of raised beds. However, my garden (actually my house) is at the top of a not particularly steep hill. This means my garden sort of slopes downwards towards the back and left. The planks would make an excellent mini wall to hold my garden up with a step down to the next level. Slap Janie, you are dreaming. I will, I will get through this. I love gardening and have been very frustrated over the past 3 years because I can't propogate and grow things because of this neighbour. Maybe a bonfire this week will make me feel better.
"I prefer rogues to imbeciles, because they sometimes take a rest" Alexandre Dumas (fils)

Janieb
Posts: 229
Joined: Fri Feb 25, 2005 12:44 am

Re: Neighbour fencing a right of way

Post by Janieb » Sat Jan 30, 2016 1:13 am

OK. An update to this thread as I know from reading this forum that we all like to know what is going on with the different stories. I'm not looking for advice just letting you know what is happening.

The new kitchen extension has been built. The builder got round the skip problem by having one on his own driveway and taking my debris away in his truck and putting it in that skip.

I have a new problem. The bit of my land that was fenced off by my neighbour but one (see pictures 4 & 5 from 13/06/15) has now been also gated by my next door neighbour who seems to think he now owns it. Sorry but annexing a part of my property doesn't give you ownership. I had the cooker from my old kitchen stored on it together with a stairgate and a section of work surface. These items have been unceremonially chucked on my garden on the other side of the fence and his wheelie bins installed in their place.

I know I should have a quiet and polite word with him but I don't feel quiet or polite about it at the moment.
"I prefer rogues to imbeciles, because they sometimes take a rest" Alexandre Dumas (fils)

arsie
Posts: 1957
Joined: Wed Apr 21, 2010 9:13 am
Location: Norfolk

Re: Neighbour fencing a right of way

Post by arsie » Sat Jan 30, 2016 9:14 am

Is this the next door but one neighbour who's actions kicked off the whole thread originally?

COGGY
Posts: 1355
Joined: Tue Feb 21, 2012 9:58 pm
Number of Posts per Page: 50
Number of topics per page: 50

Re: Neighbour fencing a right of way

Post by COGGY » Sat Jan 30, 2016 10:29 am

Best dealt with quickly Janie before he thinks you have accepted the situation.

Janieb
Posts: 229
Joined: Fri Feb 25, 2005 12:44 am

Re: Neighbour fencing a right of way

Post by Janieb » Sat Jan 30, 2016 12:22 pm

arsie wrote:Is this the next door but one neighbour who's actions kicked off the whole thread originally?
No, this is now my immediate next door neighbour who I presume is unaware that where his predecessor moved the gate to is actually my land and I gave her permission to do it as I understood and agreed with her problem. In fact I helped her to remove part of my dwarf wall, felled my yew tree and gave her the paving slabs to lay a bit more path.
"I prefer rogues to imbeciles, because they sometimes take a rest" Alexandre Dumas (fils)

Post Reply