Neighbour told us to take fence down.

Welshwoofs

Ahhh hrm...

If your shed and greenhouse are right up against the fence and moving the fence would mean taking down the shed and the greenhouse....will that effect your sale? Just thinking here - your average lap shed, what if it's damaged in take-down and you can't rebuild it? Presumably that would mean you'd have to give a reduction in price to your buyers if it was listed as part of the fixtures/fittings they were paying for.

That could get messy if a simple fence shift isn't possible.

princeofpounds

Just a point I'm wondering from this...

what actually counts as a resolved dispute? A court victory? A letter from neighbour? What counts as a resolution for you might not count in the eyes of the neighbour.

Realised I don't know the answer.

As for the actual situation, you need to identify what counts as a resolution and pursue it, given the objective is to sell. A couple of inches less garden will not affect the value of the house at all, unless it interferes with something else like a wall or a structure with value. A dispute will knock more off the value for sure!

Ways to resolution could include giving it up, or agreeing jointly to appoint a surveyor and take their best estimate as the boundary?

If you were not intending to sell, I'd be a lot more aggressive about this.

tek-monkey

Be sure to heavily salt the area before the fence is moved

franklee

tek-monkey wrote: »

I don't like being blackmailed, which is effectively what the OPs neighbours are trying - get some of his garden or screw up his sale. Whilst I wouldn't stoop to knotweed, you really wouldn't want to **** me off like that as you'd find a nasty suprise to bite your !!! once I'm gone.

Glad to hear it as knotweed would be dumping on the buyers, all the nice surrounding neighbours for quite some distance as well as the bad uns next door.

franklee

snodgrass wrote: »

We could not give any garden back anyway,we have both a greenhouse and a shed(which has been in that postion over 20 years)nearly flush against the fence,give or take about 6 inches.

Are you still in touch with the previous occupiers of next door? If so can you ask them to give you a written statement of the fence position and confirmation of how long it was like that to back up your statements. They should be able to confirm you both had the greenhouses and sheds in situ as is for over 20 years. Old photos from both of you of the sheds would be good to get. Perhaps some that can be easily dated, any of you looking younger in 80's clothes should do it.

snodgrass

We went to our solicitor Thursday,and he said he was drawing up a letter which the neighbours should receive for Sataurday(they have not received yet).He keeps saying there is nothing to worry about.

But today,we have received a letter off the neighbours solicitor,staing the fence is theirs.Here is a e-maail i just wrote for our solicitor.....

Dear Mr.Wedge,
You keep saying not to bother,and take it easy in regards to our neighbourly dispute with no.??????.We do not feel that we can anymore.This afternoon,Mrs Sykes,personally bought round a letter from her solicitors.It says her solicitor has obtained a better gorund plan of the street from her deeds.This plan is easier to follow as it is scaled to 1:500,and prepared by Denbigh?Flint area.

It also states from this plan that the existing fence existing as the boundry line is in the incorrect position.They now request the fence to be removed from her land and re-sited to our own land.They will allow 2 weeks for this to happen or they will arrange for it to be removed and a new fence by them erected.

Also it states a further point they are pursing ,the title deeds of no.8 is the disputed Right Of Way.The only person allowed to use it is no.10,and the insist we stop using it,or the gate in our 2 gardens which leads to it.Also by the way,just this afternoon,we found her taking off the old blot to the fence and putting a lock on it,the mother has phoned the police,for putting a lock on the gate,and right now we are expecting them any time.

Can you offer more assisatnce.

Mrs. ??????

Things are really getting bad now,any more advice please.

clutton_2

listen to your solicitor - he has the deeds / maps / law books - good luck

snodgrass

We went to the solicitor Thursday and he says he has obtained all our deeds etc and it is our fence and boundry etc and all the said deeds and title plan etc are registered,but we have not seen them,only our own copies which we have had for ages.

clutton_2

frustrating as this is - you will have to take his advice - these idiots are clearly not going to stop - but because you have lived there for so long - you must have adverse possession by now surely ?

i doubt the police will want to know as this is a civil and not a criminal matter.... try to stay calm and keep out of their way

if they do anything like moving fences, take photographs at every opportunity so that you have evidence as to what is happening - if they come into your garden without permission, and without legal Title they are trespassing.

if your solicitor is convinced you are in the right - you could maybe ask him to get a court injunction to stop them doing anything further until the matter is sorted out


I have re-read the original post on the other forum and am wondering about this bit

""This afternoon,Mrs Sykes,personally bought round a letter from her solicitors.""

If you instruct a solicitor - they will always write to the other party and use the Royal Mail - what exactly has she produced - is it a letter to you ? Is it on original headed notepaper ? have you checked that they are real solicitors and that they ARE acting for her ?

snodgrass

The envelope(not stamped or franked etc,wrote on it "BY HAND",it was delivered after the proper postal deliveries.


p.s,

sorry no it is not.It seems to have been written by the homeowner herself,stating what her solicitors have etc,and what she wants.I was woken up from bed(asleep,i work nights)the mothers ranting and raving about a letter from the solicitor,just read the letter,and took no notice of headings,sorry,still maybe half asleep.SORRY.