Neighbour told us to take fence down.

NEH

Knub wrote: »

Just read the whole thread. My word what a saga for 2.5 inches of land running up the side of a garden fence.

I am in the same boat as clutton though. Is it all worth it? If it were me I think I wouldn't have gone as far as you but at the same time they shouldn't get away with it.

Don't really have any advice except stick to your guns and good luck!

It's not a question of whether it's worth it, in order to give them their imaginary land back the OP would have to move a shed and a greenhouse, so it's more complicated as they mentioned earlier on in the thread...

Debt_Free_Chick

snodgrass wrote: »

Sorry to keep harping on,now the neighbours have puts lots of patio slabs in front of the gate,to block entrance.Been out them to challenge them,said "unless they can provide all legal wriiten land regstry proof etc of non ROW etc they are not allowed to do this".Phoned solicitor up,he said to take some photos,see him again tomorrow.
The neighbours say " do not know what documents you have,but ours say the ROW is only for 8 & 10"ours say for 4-14,us being no.6.
The neighbour came back at me and said something like "do you know the size of your garden to the centimetre,we do",i said nothing i came in the house and they went in.

I think your reaction was the best one. Do not engage with them at all on this topic whilst they behave in such a hostile way. Of course, if they approach you and genuinely seem to want to sort the matter out amicably, it could be worth listening to them. But that sounds unlikely from what has happened so far.

As for any further action/damage on their part - make a note of "what and when" with date/time-stamped photos if possible.

FWIW I agree with others here and on Gardenlaw. You can not pinpoint a line shown on a map to its exact position on the ground. The width of the line on the map is enough to result in intolerance of a few inches on the ground, anyway! The only way to get clarity over where the boundary is to employ a Land Surveyor but I don't think you need one if the boundary is where it has been for the last 20 years.

I guess this is all still with your solicitor? What a pity you've had to waste money over this. Even when it's resolved, I'm willing to bet that this neighbour will continue to gripe over something or other. Pointless - but there seems to be an awful lot of it about these days.

Would love to hear the final outcome though!

ILW

snodgrass wrote: »

We have bought our new house in the Midlands outright with cash(we are not rich,the money was from compensation for our father dying through medical negligence).We were going to move in in a few weeks,and leave this house on the market.Also i have handed in my notice at work and am/was set to leave the end of this month,ready for leaving for our new home.They have really put a spanner in the works.

When you move out, rent your existing house to a load of !!!!!! or Druggies and see how important your neighbour feels the fence is in a few months.

snodgrass

Hello,thanks for everyones advice.Can i ask for your opinion again.These are just a few things that are niggling me at the moment,more just my suspicious nature i suppose.

You know the letter we received from the neighbours,well the homeowner(as we understand her to be anyway)wrote the letter,but she wrote it Care of Miss.?????,her grandaughter,who is also her tenant,our neighbour.Can she write on behalf of her grandaughter,who is the tenant,or should she be writing the letter in her own right,on behalf of herself.Who really owns the house?

Also,just out of curiosity,today,i purchased next doors LR plan and Title Deeds,only £8.The registered owner of the property is still Mr.???? the late husband of the new owner,who passed away just over 2 years ago.Should next doors gran of gotten the title changed to hers,or is it automatically assumed to carry over to her anyway.

I know i am going off on another tangent again,but if anyone has any opinions?

DVardysShadow

snodgrass wrote: »

Hello,thanks for everyones advice.Can i ask for your opinion again.These are just a few things that are niggling me at the moment,more just my suspicious nature i suppose.

You know the letter we received from the neighbours,well the homeowner(as we understand her to be anyway)wrote the letter,but she wrote it Care of Miss.?????,her grandaughter,who is also her tenant,our neighbour.Can she write on behalf of her grandaughter,who is the tenant,or should she be writing the letter in her own right,on behalf of herself.Who really owns the house?

If she writes "Care of ..", she is actually writing in her own name - merely stating how to address her. But ....

Also,just out of curiosity,today,i purchased next doors LR plan and Title Deeds,only £8.The registered owner of the property is still Mr.???? the late husband of the new owner,who passed away just over 2 years ago.Should next doors gran of gotten the title changed to hers,or is it automatically assumed to carry over to her anyway.

I know i am going off on another tangent again,but if anyone has any opinions?

OK, it could be that the new registration has not gone through yet. These things can take several months. But ...

I have not followed this thread as closely as I might, but there is a big 'but' I am seeing here. I am very suspicious that someone here is not who they seem to be, taking the solicitor's letter and the care of issue into account. Tread carefully, it might be a set up of some sort and you could go off on one to completely the wrong person..

clutton_2

i am sure your solicitor will have seen your LR title deeds - but you can show him next doors titles as well. It is unclear if the tenant may have a say in what happens re the boundaries - but until you have established who actually owns the property (by looking at the dead guys will) - you just dont know. i expect this is one avenue your solicitor will be pursuing. You could phone your local Probate office and find out now to get a copy of the will - that will be cheaper than paying yoru solicitor to do it.

Your solicitor

real1314

Had a quick skim read of this, might have missed a few bits, but...


it seems to me that the nieghbours are trying to cpaitalise on your intention to sell by rasing a dispute to force you to accede to their claim. In doing so they happear to have made numerous statements and actions that are intended to manipulate your intention to sell by threatening to disrupt the sale or reduce the value of your property (the letter/communication to the agent in particular makes this clear).

So, it might be worth pulling out the seriously big guns....

The fraud Act 2006:-

"

[FONT=BookAntiquaParliamentary,Bold][FONT=BookAntiquaParliamentary,Bold]2 Fraud by false representation[/FONT]
[/FONT](1) A person is in breach of this section if he—
(a) dishonestly makes a false representation, and
(b) intends, by making the representation—
2
[FONT=BookAntiquaParliamentary,Italic][FONT=BookAntiquaParliamentary,Italic] Fraud Act 2006 (c. [/FONT][/FONT][FONT=BookAntiquaParliamentary,BoldIt][FONT=BookAntiquaParliamentary,BoldIt]35[/FONT][/FONT][FONT=BookAntiquaParliamentary,Italic][FONT=BookAntiquaParliamentary,Italic])[/FONT][/FONT]

(i) to make a gain for himself or another, or

(ii) to cause loss to another or to expose another to a risk of loss."

Your neighbours false representations appear to be intended to cause you a loss - either by accedingthe land or by devaluation of your property - you might want to discuss this with your solictior.

I would suggest that you sol could write to them pointing this out, and asking them to provide an affidavit stating that they withdraw all claims and agree that their claim was without merit and will not be pursied in the future; otherwise you will pursue them under the fraud act for any losses that arise from the reduction in value of your property.

He might say it's a load of twaddle, but hey ho, he might not?

excuse poor typing - not my speciality.

kiddy_guy

Snodgrass - can I give you the best advice you're going to get on this thread?

If you want an easy life - move the fence.

If you are quite happy to fight for what is legitimately yours (in your opinion), then you have a solicitor. Use it. I'd be taking this approach, but that is for you to decide.

We can sit here giving moral support and telling you what we'd do. You will get a variety of opinions from threatening your neighbours to playing silly buggars, to putting a can of petrol through their letter box. At the end of the day, we'd all do something different, and all would have different consequences.

What matters is what you do. You believe you have the plans which show the ground is yours. We cannot provide anywhere near the level of legal aid your solicitor can, so why not use their advice? Find out how you can stop your neighbours, whether it be getting an injuntion against them for harrassment, CCTV..whatever. Your solicitor believes they haven't got a leg to stand on. Unless they send something formal, they're just using kidology to get a raise out of you, and it appears to be working. Either sort it out once and for all or don't but there's only so many times you can be told what to do before you make a decision.



The fact is you can keep coming back here to get help from us, but your solicitor is best placed to solve this.

clutton_2

i think i suggested this a long time ago - OP could let the neighbours move the fence under your supervision and then OP can move on - the new owners will never know they lost 2" of land

if you instruct your solicitor this is what you want - this could be the fastest shortest route to end the dispute (not the fairest way i agree ) - but then you can move on - moving a shed aint the end of the world......

g_attrill

kiddy_guy wrote: »

If you want an easy life - move the fence.

I know this is not what you think should happen, but he problem is that the neighbours are now claiming is is several feet or even metres out, so I reckon if they gave in then they would be in a whole world of trouble, also any new buyer would notice the moved boundaries and then check the title plan and wonder why it doesn't match up.

kiddy_guy wrote: »

The fact is you can keep coming back here to get help from us, but your solicitor is best placed to solve this.

Agreed! If it were me I would be looking for an early heavy strike rather than a "softly softly" approach of letter writing that will just run up costs on both sides.