Problems with Neighbours!

Chickabee

jadedson wrote: »

it means that they will claim to own it. It can sometimes be called squatters rights. If a person occupies a bit of land for 12 years they can go to their solicitor, give evidence (either dated photograph or witness statements) and with not very much hassle will claim that strip of land as his own. If the original owner contests the claim things can get expensive, court fees, solicitor fees etc. If the man is legal aided it won't cost him a penny (although Legal aid are cracking down on what cases they pay for) but it could cost the OP's sister a great deal of money if she's working and not able to use legal aid herself.

Yet another example of the working-person getting shafted!

Norman_Castle

Ridiculous behaviour on the part of their neighbour imho. :eek: What happened to good old fashioned communication?

Thinking you can paint someone elses fence without asking them and then sulking when you are asked to stop is ridiculous behaviour. What happened to good old fashioned communication?. Good question. Why didn't the op's sister ask before painting the fence.

Chickabee

Norman_Castle wrote: »

Thinking you can paint someone elses fence without asking them and then sulking when you are asked to stop is ridiculous behaviour. What happened to good old fashioned communication?. Good question. Why didn't the op's sister ask before painting the fence.

She didn't ask because its a shambles of a fence that divides their properties. She thought she was very much entitled to look after her side.
Plus they were not exactly friendly when she moved in.

Easymoney

warmhands.coldheart wrote: »

didn't you read the post... he has a tattoo!!!! :eek:

LOL

In that case, she should tell him to get a life, and while he's at it get his tatts removed.....................







especially the one that says MORON across his forehead!

Mojisola

jadedson wrote: »

To my knowledge a wall that has been built on a boundary is legally known as a party wall. That means both of them own their half of it even if one of them paid for the building of it. It also means each side maintains their own side. I think it's the same for fences, but it would take a solicitor to confirm that.

Your knowledge is wrong.

If the deeds say that the boundary fence or wall is a shared feature then neither can do anything to it without the agreement of the other neighbour and both have to contribute to the costs of replacing or repairing it.

If the deeds say that house A is responsible for the boundary between A and B, then A can put up a fence on the boundary and A still owns the whole fence. B has no rights to do anything to the fence without the express agreement of B.

A party wall is rarely a garden feature; it almost always applies to building walls that link the properties A and B.

ceridwen

BigAl94 wrote: »

It's not her fence, she should have asked before painting it.

It may not be her fence - but it is her boundary (jointly with the neighbour concerned),

I would say that, as long as painting is all she is doing to the fence and she is the only one that sees it (ie the neighbour cannot see that side of the fence from anywhere on his property - including in the garden), then it is her business only what she does as regards "decorative effects" to the fence.

If she were trying to alter or remove the fence - then the neighbour would have cause for concern - but if it not going to make any difference to the structure of the fence or the view that the neighbour concerned has - then its not a problem.

Personally - I would check out whether the neighbour has any vantage point at all from his house or garden whereby what he normally expects to see is an untouched fence - in which case he will be protecting his "view". If he cannot see the other side of the fence - then he is just complaining to be awkward and it does not bode well as to how he will be in the future about other issues.

His only other valid reason for objecting (besides his "view" from anywhere on his property being altered) is if he has plants on his side of the fence and is concerned about them possibly being damaged (in which case - that is an understandable and justifiable concern and measures need to be taken to protect his plants and an assurance given to him that, of course, she will instantly replace any plants that suffer damage with "like for like" - and, of course, she would need to give him a small present as a sweetener for having caused him hassle).

ceridwen

My other thought on this - and it does sound very sexist - but I wasnt the one that thought of it in the first place:( is:

He may be being rather sexist here. That is - he can see that she is a lone woman and he is a man (or couple/family....depending on whether he lives on his own or no) and is trying to intimidate "Me man...me Tarzan...I lay down the law round here and you are a little woman on your own and won't dare say boo to a goose up against an intimidating man". Yes - it DOES happen...really:(

To which - the only possible response is "Me - middle class, presentable, woman who can burst in tears without being embarrassed about it, and I'm a lot more intelligent than you:D...so I know the law and have those 'sharp elbows' we are famed for:D" (depending on just what your sister is like of course.....). Game over - I win - so shut up.

Sometimes one has to be just as "firm" as they are - but in a different way.....

Cherryscone

I think i am going to have to sit on the fence on this one :rotfl::rotfl::rotfl:

But what i really want to know was he wearing a string vest?

Mojisola

ceridwen wrote: »

It may not be her fence - but it is her boundary (jointly with the neighbour concerned)

This might seem common sense but it is not the law.

If the person who is responsible for the boundary puts up a fence on the boundary, it belongs to them, totally and completely. Just because the neighbour can see one side of it does not give them any rights to it.

smokiewater

Feel for your sister on this difficult one. We had a previous situation with a neighbour (a dentist) over a triangle of land - it cost serious money with surveyors, solicitors etc to have the matter resolved when we were trying to sell.

To cut a long story short, the triangle of land was ours, his wall was built on it, and while I wanted to take the sledge hammer to it, common sense had to prevail, and thankfully the sale went through in the end. The neighbour, a professional middle class person was not an easy person to deal with, tried to be intimidating, all be it in a different way, and refused to be reasonable so it cost us in excess of £1000 to sort the matter out.

Point here is you have to live beside them, if you go down the legal route, be prepared to spend big bucks and have a lot of heartache - if it were me, I would put up my own fence, same height as his and politely say hello and wave every time I saw them (swearing under your breath all the while!)

Are there neighbours on the other side of them - how do the guy?