Neighbour told us to take fence down.

abinanthanb

My advice would be to sit on the letter or any correspondence from the neighbour and see if they actually take down the fence. If they do it call the police saying that they have illegally entered your property and damaged it. Make the civil issue into a criminal offense and if your measurement is correct, soon the issue will be resolved and maybe the trouble-mongers will land in prison.

LizzieS_2

You have put very few extracts from the deeds/conveyance of 1950.

If I am reading this correctly there is a block of houses numbered 4 to 14. There is a passage from the front of the houses to the back and that is situated between numbers 8 & 10 (this appears to be the only method of access to the rear of all properties). From that passage way numbers 4 and 6 can walk along the passage way between 8 & 10 and then past the back of 8 (for numbers 12 & 14 the same applies except they will pass over the back of 10).

The deed plan should show an area (etched brown?) which gives a right of way. The title deeds will also say something clearly along the lines of "right to pass and repass over the area etched brown".

There has been a mention of 12 years and 20 years so far - 12 years is actually for the possession of land (eg fence), 20 years is for the right of access (and type of access) over some-one elses land (eg the right of way).

Boundaries are usually clearly owned by one property or jointly - jointly is in theory lost when one owner erects something on their own land.

It seems your neighbour (well the owner of the property occupied by a relative) is relunctant for you to leave. These problems would have been addressed years ago if not. As you are not taking on any further mortgage, perhaps in the current market it is better for you to rent out until the market picks up (depends where you are)?

Whether you end up in a court dispute with your neighbour is immaterial to the sale - you are legally obliged to divulge all disputes that have been unsettled for 12 months upon sale.

DVardysShadow

LizzieS wrote: »

...

Whether you end up in a court dispute with your neighbour is immaterial to the sale - you are legally obliged to divulge all disputes that have been unsettled for 12 months upon sale.

Got a source for that? It does not look quite right to me.

Anew

I may be reading this wrong, but it seems the R.O.W dispute will effect more than just you. Have you approached the other houses that are now being blocked by this gate?


It may be that they don't use it currently, but they may be interested to find that your neighbours are trying to block the route.

You may find yourself with some allies from your street - one may even work for the council - you never know your luck?

They may have heard nothing and in which case it will just show that they are not going about things properly and are just targeting you - more grounds for harassment.

If I've got it wrong and this just effects your house... then ignore me

clutton_2

if this access is used for wheelie bins to be taken to the street for emptying you need to get together with neighbours as well

snodgrass

Up until about 6 months back the passageway was used by no.s 4,6,8,10 to put ther refuse out ready for collection by the binmen.Now though,we all have to put our refuse outside our front doors.
But also we use the passagway to take certain deliveries.Obviously if you are having garden material delivered or paving slabs,bags of concrete and mortar,or sheds etc,you do not want workmen traipsing all through your house with their dirty hod boots on carry all of these things through your house.So obviously we would direct all workmen to come through the back passageway and deliver the goods straight into our gardens.

This is what the neighbours are trying to stop us from utilizing,how else are things to be delivered?

tek-monkey

Have some manure delivered, then dumped at his exit as you couldn't reach your own garden.

maggie111

Snodgrass, I really want to advise that you are getting too caught up in this problem. I understand the frustration that they are causing you - they sound like horrendous neighbours. There is a reason you hear of disputes over hedges etc making their way to the high courts and so on and that is because people lose sight of the main aims and get very caught up in "justice" and what is fair.

I understand that they're causing you problems but you have to remember that all you want to do is sell your house. You're checking their deeds, finding out about the "care of" problem, wondering about probate etc... Whilst you're trying hard to "get them" because they're such horrible people - you're merely going to extend this argument out further and you're getting too caught up in it.

As you want to sell this house, and you are not going to have to put up with the neighbours, just keep telling yourself "I want this dispute to end quickly". I read early on that you refused to move the fence at your own cost 2 inches - I completely agree that you shouldn't have to move it at all, and you shouldn't have to pay to do it. However, you need this house sold - you need to move on, and most importantly, you should be trying very hard not to let any prospective buyers become aware of the problem.

If you are able to keep calm, and keep aware of your ultimate aim - is there a member of their family that you can talk calmly with? Perhaps there is a son, or someone who visits who you could ask to talk with you to settle this dispute? I understand that you shouldn't have to move the fence at all, and that to move it as much as they are saying (up to a meter in some places?) is unacceptable and I certainly agree you shouldn't have any costs involved but remember - you want to sell the house.

If you feel unable to be calm, or unable to agree to moving the fence at all get someone you know who will be able to sensibly talk to one of the neighbours on your behalf. At the end of the day we all agree you shouldn't have to do anything. You can wait till this gets to court to prove that - but it could be a long, protracted battle, with appeals and all sorts and you wont be able to sell the house for a VERY long time possibly. And yes, perhaps a year or two down the line you'll have grounds to sue them for money lost on not selling the house and so on... But then you'll be waiting even longer to sell the house.

Try and get this concluded within the month so that you can move on.

Don't worry about the right of access issue until you actually need it. As soon as you need access to the back, or expect a delivery etc - then you can remove the blockage, and put it back. Try not to sweat the small stuff.

NEH

maggie111 wrote: »

Snodgrass, I really want to advise that you are getting too caught up in this problem. I understand the frustration that they are causing you - they sound like horrendous neighbours. There is a reason you hear of disputes over hedges etc making their way to the high courts and so on and that is because people lose sight of the main aims and get very caught up in "justice" and what is fair.

I understand that they're causing you problems but you have to remember that all you want to do is sell your house. You're checking their deeds, finding out about the "care of" problem, wondering about probate etc... Whilst you're trying hard to "get them" because they're such horrible people - you're merely going to extend this argument out further and you're getting too caught up in it.

As you want to sell this house, and you are not going to have to put up with the neighbours, just keep telling yourself "I want this dispute to end quickly". I read early on that you refused to move the fence at your own cost 2 inches - I completely agree that you shouldn't have to move it at all, and you shouldn't have to pay to do it. However, you need this house sold - you need to move on, and most importantly, you should be trying very hard not to let any prospective buyers become aware of the problem.

If you are able to keep calm, and keep aware of your ultimate aim - is there a member of their family that you can talk calmly with? Perhaps there is a son, or someone who visits who you could ask to talk with you to settle this dispute? I understand that you shouldn't have to move the fence at all, and that to move it as much as they are saying (up to a meter in some places?) is unacceptable and I certainly agree you shouldn't have any costs involved but remember - you want to sell the house.

If you feel unable to be calm, or unable to agree to moving the fence at all get someone you know who will be able to sensibly talk to one of the neighbours on your behalf. At the end of the day we all agree you shouldn't have to do anything. You can wait till this gets to court to prove that - but it could be a long, protracted battle, with appeals and all sorts and you wont be able to sell the house for a VERY long time possibly. And yes, perhaps a year or two down the line you'll have grounds to sue them for money lost on not selling the house and so on... But then you'll be waiting even longer to sell the house.

Try and get this concluded within the month so that you can move on.

Don't worry about the right of access issue until you actually need it. As soon as you need access to the back, or expect a delivery etc - then you can remove the blockage, and put it back. Try not to sweat the small stuff.

The best thing would be to let it go ultimately but Snodgrass is going to have to move a shed and a greenhouse in order to get the fence moved, that is going to cost a lot and if the buyers have bought the shed and greenhouse as part of the sale then you are rengading on the deal surely??

LittleMissAspie

I wouldn't trust these neighbours to stick to 2 inches. If Snodgrass agrees to move 2 inches the next thing you know they will be saying actually it's 6 inches, actually it's a foot, you have to move it a foot otherwise we'll take you to court. Then they take Snodgrass to court and claim the fence is 2 feet out.

If their actual motive is something else then they will just pick another fight. In fact they already have with the Right Of Way.