Need advice about nasty neighbours

mlz1413

If the path is not that large - ie 3' I would seriously consider putting up a fence on your side of the path with a gate as access so you share the path, yes you lose 3' of land for use - but you are not changing the boundary.
If these neighbours ever move out rip out the path and build a wall there with plants as suggested so you never have to go through the problems again.

But these neighbours will never be happy if you remove the access they use and is it really worth having a war with neighbours that will never be reasonable?

Good Luck - keep a diary of all the problems you are having but for your sanity and wallet think about what 'winning' the case would mean.

redcar_2

Is this a path/ fence in the front garden or back garden? Where does the path go to and from? - Sorry I'm having problems visualising it all.

Has your solicitor sent them a letter to confirm the boundary and that they shouldn't be walking there?

RichPenny

I hate to say it, I really do, but I think mlz1413 has the easiest solution to your problem. I sympathise with you but I just feel you need to focus on what you really want. It seems to me that you want a fence up to protect your kids and property (perfectly sensible). Your neighbours want continued access to the path. Neither of you wants a protracted and potentially expensive legal battle. If it does go the distance, there is a risk that your property would be devalued because of the dispute.

Clearly you are in the right, but I wouldn't see building the fence on your side of the path as a negative. You will have saved yourself an enormous amount of stress, and will have achieved what you want.

How about this as a solution:

Talk to your neighbours (or send them a letter if they can't be talked to), explaining that you understand their need to use the path. Explain that you are happy to build the fence further over on your side of the boundary because all you want is some protection for your kids. I think they would see this as a victory, but in reality you are the victor because you have risen above the unpleasantness and still achieved your goal.

aliasojo

Why do they need to use the path?

As for the suggestions above to let them have the path, whilst it might be the easiest solution for now, if you give in to bullies, it only sends the message that they can do what they want. What will be next?

FenceGirl

I'm glad someone knows abit about "After the event" policies. I've read around it abit on the web & it seems it's something you get through your solicitor anyway. I need to sit down with him & discuss potential costs & insurances & how far he thinks we need to take this thing. In reply to rugged toast, don't worry we have kept a copy of all the letters. They would make for an easy harrassment case! The content is quite shocking, to the point that the weekend we received the first one I was physically sick!!! Another time when the writer of these letters decided to come & have a "chat" when we were having a quite drink up the garden, my other (lovely) neighbor hid in the hedge when she saw him coming & listened in. She is prepared to statment what she heard if required.
Thanks to everyones comments. I know disputes like this are the worst thing to get into. But with the harrassment we have received along with what our deeds say I think we are in a pretty strong negoiating position. No one should let themselves be bullied. The truth will prevail!

FenceGirl

redcar wrote: »

Is this a path/ fence in the front garden or back garden? Where does the path go to and from? - Sorry I'm having problems visualising it all.

Has your solicitor sent them a letter to confirm the boundary and that they shouldn't be walking there?

The path is in the back garden & runs the full length along the westerly edge of our plot. In every garden in this terrace is a path like this, so our nasty neighbors have their own path. We are not trying to stop them from using the only access to the end of the garden. They have their own path. These paths are an old fashioned hangover from when no one had fences between the gardens, as is normal nowadays, & used there gardens more like a small holding plot. To quote the technical term, they are not appropriate to a modern setting. And yes, the solicitor has done the above letter.

RichPenny

aliasojo wrote: »

Why do they need to use the path?

As for the suggestions above to let them have the path, whilst it might be the easiest solution for now, if you give in to bullies, it only sends the message that they can do what they want. What will be next?

It's not only the easiest solution for now, it's the only solution for now, given that her neighbours seem very unreasonable. The alternative seems to be a long legal battle which has no definite outcome. Life is not always reasonable or fair, but is it worth getting into such a situation for a 3 foot wide strip of land? Continuing the argument is easy, I'm just trying to present an alternative point of view. It can be difficult in these situations to step back and see the whole picture.


Who knows what will be next? Only Fencegirl knows the people in question and the history behind the dispute. If you compromise, perhaps the neighbours will smugly leave you alone, thinking they've got the best of you. Perhaps they will be even more unreasonable. The latter is absolutely guaranteed though if you pursue the case with solicitors.

Forgot to say the first time Fencegirl: Good Luck with your situation, I hope you get it resolved.

anniecave

would there be ANY way of keeping a path for them to access and erecting fences/walls to separate you from them? Even if you have to lose a bit of your garden area for example

I think I'm imagining what you may mean as I had this in an old place I used to live at but in that place it was all fenced off

If it's at all possible that would be by far the best solution in my opinion - you both get what you want. You get separation, they get access to their property.

drbeat

Just out of interest: are your neighbours renting the property they live in?

And what is it with some people in this country and their dogs? SOME - only some - think they have god given right to let them crap and roam everywhere - even with children about. I would lay mustard and chilli powder all around your boundry! The damn thing won't DARE come back after a sniff of that stuff! But then again there's your kids to consider...oh well...forget that one then!

The type of people you're dealing with make my blood boil! And I admire you for handling matters in such a decent manner! It's a pity that they can't!

bubblesmoney

things to do -

• read up on 'protection from harassment act', 'dangerous dogs', 'boundary disputes'
• maintain a detailed logbook of all events, witnesses, communications
• what ever u do, DO NOT EVER write a letter to them that they can use that path. u might be validating thier claim in someway
• video via external/internal cameras for evidence especially about intimidating behavior and dogs not under leash or using dogs to intimidate u
• contact the council regarding dangerous dogs and discuss with them as to whether the evidence u have (cameras, witness evidence) is enough to get these dogs under the terms of the dangerous dogs act and apply to have them restrained / rehoused / putdown. also apply for any relavant penalties for the owner as well. this will aggravate matters mostly with ur neighbour, so have video/audio surveilance equipment in place always before u embark on this path. there will be dog warden for ur council mostly
• buy a small personal voice recorder preferably one that is discreet and one that is voice activated and probably with long standby time and recording time. keep it in ur pocket and do dry runs urself using it with ur friends to see if it actually picks up conversations in ur garden by voice activation. use the recordings for evidence of intimidating behavior. keep copies of any evidence always and also record the time and date of the recording for evidence
• if the neighbours have ur phone number then get similar recoprding equipment for ur phone as well to catch them out if they make threatening calls. do not take any chances. when u get ready for a fight(legal), fight(legal) with the gloves off and to do them in nice and proper for good most probably with a criminal record for harassment and if u r lucky a jail sentence and compensation as well
• take legal advice from solicitors specialising in harassment cases as to what u can do to gather evidence and nail these trouble makers for good
• if the dogs are fouling ur land then contact the councils environmental protection officers as well regarding health hazards to ur children from the neighbours dogs fouling ur land

do these things only if u have the will and the means to carry it through to its logical conclusion and to tolerate the hiccups and aggravations along the way, otherwise dont go down the legal confrontation path and be resigned to getting harassed or giving in to their harassment. best of luck