Need advice about nasty neighbours

FenceGirl

I hope someone can help me here. I have the neighbours from hell. We want to erect a fence between us & them to keep there big dogs out & our children in. The only problem is there is this path between us, that belongs to us & is in our garden (it's an old terrace house), but they think they have the right to use the path & if we put a fence up then we deny them that right. Unfortunately because they took to writing nasty letters to us telling us what to do else we would be "Forced to move out" we have had to put it in the hands of a solicitor. He is brill & has checked out our deeds & says they have no right to walk on our path. Now my fear is they are going to fight this to the bitter end! Courts & legal stuff don't scare me, but what does is the potential cost. We have little savings, all the usual debts as well as nursery fees & a whacking mortgage. We work hard to maintain the lifestyle we have. Our solicitor has advised that if we go to court & have to employ a barrister then costs could run to £10K+. We have tried claiming on the legal protection that came with our home insurance, but that was a waste of money as they say we're not covered. I have read abit about legal expenses insurance that you can appply for after the event has started, but don't want to get caught out by another scam. I don't know what we'll do if we have to pay the whole lot ourselves. It terrifies me! I can't sleep properly & weight is falling off as food just goes right through me. Please help! Does anyone have any ideas how we can cover the possible costs & not end up bankrupt. We don't qualify for legal aid, but the thought of backing down to our horrible bullying neighbours is almost as bad. Your ideas are appreciated.

poppysarah

Don't pay a solicitor. It's a one way quickly to financial ruin.
Boundary disputes go on and on and on and on. ££££.

Speak to the local police about it. If they've made threats then get CCTV up.

Put up your fence and when they damage it pulling it down you'll have it on CCTV.

You could represent yourself in court.

FenceGirl

I think as long as the solicitor confirms for certain that we can legally erect the fence, then once we get to that point, the fence goes up, the solicitor goes on the back burner & we wait for any criminal damage & get them that way. We have already reported them for the verbal abuse we received the other night. It will quickly turn into a criminal harrassment case, which to be honest would be easiest. Then even if they do take us to court about the fence it's not going to look very favourable on them is it?

olly300

You may have a problem.

If the neighbours and the people who lived in the house before them, have used the path for over 20 years then they could legally have a right of way in England and Wales. (Section 31 of Highways Act 1980)

If it's not been used for 20 years the cheapest option is to put up a fence, remove the path and plant next to the fence and across where the path prickly plants all at the same time. (Search the gardening forum for ideas as there are some nice ones.) I also suggest you do other landscaping in your garden so if challenged you can easily prove that you were redesigning your garden not doing it out of malice. You may have to get a garden designer in but s/he will cost you less than solicitor's fees and a court fight with your neighbours.

poppysarah

I could get CCTV well in advance. Discreetly if possible from inside rather than fixing a camera up.
Do you get on with the other neighbours in the area? Always nice to have others on side.

Incisor

FenceGirl wrote: »

I hope someone can help me here. I have the neighbours from hell. We want to erect a fence between us & them to keep there big dogs out & our children in. The only problem is there is this path between us, that belongs to us & is in our garden (it's an old terrace house), but they think they have the right to use the path & if we put a fence up then we deny them that right. Unfortunately because they took to writing nasty letters to us telling us what to do else we would be "Forced to move out" we have had to put it in the hands of a solicitor. He is brill & has checked out our deeds & says they have no right to walk on our path. Now my fear is they are going to fight this to the bitter end! Courts & legal stuff don't scare me, but what does is the potential cost. We have little savings, all the usual debts as well as nursery fees & a whacking mortgage. We work hard to maintain the lifestyle we have. Our solicitor has advised that if we go to court & have to employ a barrister then costs could run to £10K+. We have tried claiming on the legal protection that came with our home insurance, but that was a waste of money as they say we're not covered. I have read abit about legal expenses insurance that you can appply for after the event has started, but don't want to get caught out by another scam. I don't know what we'll do if we have to pay the whole lot ourselves. It terrifies me! I can't sleep properly & weight is falling off as food just goes right through me. Please help! Does anyone have any ideas how we can cover the possible costs & not end up bankrupt. We don't qualify for legal aid, but the thought of backing down to our horrible bullying neighbours is almost as bad. Your ideas are appreciated.

Don't go there. The police may not support you and the more interaction there is between you and these people, the more you will have to declare for any potential sale. Don't underestimate the potential of these people to turn the tables on you.

waggys

I suggest you read a book called 'Ansteys Boundary Disputes' - it contains a wealth of information. Good luck with the neighbour from hell and remember if you get into a dispute with them and come to sell your house you will have to declare it! Ever feel like you are being caught by the short and curlies?

FenceGirl

Our other neighbours are fantastic & totally support us! They have all received abuse from these bullies in the past. The paths & rights of access would not be a problem if they were reasonable people.

jo1967

My sister had problems with a neighbour & put in a camera that was built into an outside light - a lamp style light. Looks very nice & no one can tell its secret! Luckily she no longer has probs.

Good luck.

SouthCoast

Taking court action

Although a particular dispute may be resolved successfully through the courts, the relationship between neighbours may be damaged. It is also an extremely expensive course of action to take unless the complainant is eligible for publicly-funded legal services (legal aid in Northern Ireland).

From:

http://www.adviceguide.org.uk/index/family_parent/housing/neighbour_disputes.htm

ruggedtoast

No one has picked up on this yet but whatever you do dont lose those letters! If theyve actually been dumb enough to threaten you in writing you could probably get an injunction taken out against them.

Maybe you could tell us a bit more about them?