What is the law around your neighbour making a concrete ramp on your property?

GlynD

JQ. wrote: »

What about a legal letter to the landlord requiring the damage is rectified or you will complete the works yourself and bill them, rather than the tenant.

I very much doubt a legal letter to someone who poors concrete over a neighbour's steps is likely to be worried by legal threats. However, the landlord may take such issues far more seriously.

Question for the legal bods on here - is pooring conctrete on someones elses property not criminal damage? What's the difference between pooring conctrete on your neighbours car and on their steps?

It still means seeing a lawyer. We can suggest all we want but only a lawyer can resolve this.

eddddy

From what you say, the neighbour is clearly in the wrong - but you need to be very careful, particularly as you are trying to sell the property.

You will have to declare any disputes with neighbours to any potential buyers. So some people argue that you should avoid 'disputes' if at all possible, as it impacts the saleability of your property. Obviously, it's open to interpretation whether you are having 'discussions' with your neighbour, or a 'dispute'. But if you involve solicitors and/or send formal letters, it's pretty clearly a 'dispute'.

Try contacting the landlord informally. Hopefully, he/she will also understand the impact of a neighbour dispute on the saleability of his/her property (a history of neighbour disputes often worry buyers, irrelevent of which party is in the wrong). The LL may then put pressure on the tenant to change their behaviour.

JQ.

GlynD wrote: »

It still means seeing a lawyer. We can suggest all we want but only a lawyer can resolve this.

Really, if someone poured concrete on my car I'd be calling the police, not my lawyer. I don't see that the OP's situation is that much different. Whilst most things to do with houses are a civil matter, my untrained opinion on this is that this is criminal damage.

The OP's neighbour has poured concrete on something that does not belong to them, they to admit to doing it, they admit that they knew the steps did not belong to them, they have caused damage and they now refuse to repair that damage. I don't see much difference than if the OP's neighbour had put a brick through their window.

All I'm saying, is that if it does constitute criminal damage I'm sure a visit from the local bobby will have more of an impact than strongly worded letter from a lawyer.

So, is anyone able to say whether it is criminal damage?

casper_g

If the neighbour's landlord evicts the neighbour, there will no longer be an ongoing dispute with the neighbour, will there?

dorset_nurse

eddddy wrote: »

From what you say, the neighbour is clearly in the wrong - but you need to be very careful, particularly as you are trying to sell the property.

You will have to declare any disputes with neighbours to any potential buyers. So some people argue that you should avoid 'disputes' if at all possible, as it impacts the saleability of your property. Obviously, it's open to interpretation whether you are having 'discussions' with your neighbour, or a 'dispute'. But if you involve solicitors and/or send formal letters, it's pretty clearly a 'dispute'.

Try contacting the landlord informally. Hopefully, he/she will also understand the impact of a neighbour dispute on the saleability of his/her property (a history of neighbour disputes often worry buyers, irrelevent of which party is in the wrong). The LL may then put pressure on the tenant to change their behaviour.

I agree. I'd rather have it all sorted and looking nice and risk having to answer questions regarding the neighbour than look at the motorbike in the garden/nasty steps and explain that one!
A buyer is likely to be more worried about the damaged gate and tatty yard/bike park than if the tennants next door caused the previous owner a bit of grief.

I'd call the police.

tyllwyd

To avoid arguments, would it maybe be possible to remove the damaged steps and replace them with steps with a ramp to one side, so at least it was tidy?

eddddy

casper_g wrote: »

If the neighbour's landlord evicts the neighbour, there will no longer be an ongoing dispute with the neighbour, will there?

When selling, you have to declare all disputes, not just ongoing ones. Here are examples of the types of questions on a seller's questionnaire:

a. Have you ever had any dispute of any kind regarding the property?
(i) If yes, please advise the nature of such dispute and the outcome


b. Are you aware of any circumstances which may lead to disputes of any kind?
(i) If yes, please give details

c. Have you (or to your knowledge any predecessors in title) had cause to complain about the behaviour of neighbours?
(i) If yes, please give details



Obviously, the seller can explain that the troublesome tenant has moved out. But it might highlight the fact that the neighbouring house is rented out, and the LL doesn't seem to be too careful about the type of tenant.

Perhaps many buyers won't be too bothered, but the fewer 'problematic' answers on the sellers questionnaire, the less nervous the buyer will be.

carefullycautious

If this were my house and I wanted to sell I would ask that they reinstate the steps and allow them to leave the bike there untill the property is sold.

I most certainly would not wish to have a dispute on my hands.

They are in the wrong as it is up to this son to find appropriate storage for his bike. And as for revving it up evertime he needs to get it up the ramp is outrageous

G_M

Write to them giving them 7 days to re-instate the steps to their original condition. Warn them in the letter that if they fail to do this, you will do it for them and send them the bill.

At the same time, get quotes from builders to do the work (because they won't do it I suspect).

Also in parallel, report the criminal damage to the police and get a crime number.

Contact the landlord (informally in person if possible, but with a copy of the letter to the tenants.

When they fail to fix the steps, get it done yourself and send the bill, with a 7 day deadline to pay. When the money does not appear, go to the Small Claims Court.

Check with the police what you can do with a bike that gets left in your yard - can you remove it? sell it? scrap it? clamp it?

PasturesNew

davidandrewpowell wrote: »

he says he can't see what the problem is.

The line for this is: "if you can't see what the problem is, you ARE the problem".

davidandrewpowell wrote: »

I have a copy of old legal papers (the house is from 1900) but i can't read a lot of the old style writing although I will check to see if it says on foot.

If you can get a close up photo of the relevant bit and stick it online we can read it for you. Reading old handwriting was actually a genuine necessity for one of my old exams

I had to read, decipher, type exactly - and correct - old scrawny handwriting.

I do not have a garden, just a yard but yes he is pushing his bike through my yard, starting the engine and giving it a good rev to get it up the ramp and into his yard.

I cannot visualise what this really means/looks like, so can't invent an opinion on a solution

I think from talking to this person that thick is the case here.

LOL