Fence Problem Neighbour

princeofpounds

In answer to your question A)

It doesn't quite answer it. The gardens might be subdivided and not communal, but still not demised to you in your leases, rather owned by the freeholder. It is important because it might help inform who is actually responsible.

I'm very sympathetic to you - it can be hard to get a small management company to run properly when a majority of shareholders are muppets, and it can be hard with a large management company when a majority of sharholders are disinterested or absent.

In theory you can get legal, suing the management company to fulfil its obligations. It can be a pain though, and the directors can probably charge costs to the firm, so you end up paying to defend against yourself, in part!

Plus it would be a declarable dispute on any house sale.

Leven

I am of the opinion that you should move. Ongoing, these kinds of issues are going to continue to occur. Get out as soon as you can and let them get on with it. I feel angry and frustrated just reading about your experiences, so can imagine what it must be like for you having your life and property adversely affected by these selfish morons.

G_M

Leven wrote: »

I am of the opinion that you should move. Ongoing, these kinds of issues are going to continue to occur. Get out as soon as you can and let them get on with it. I feel angry and frustrated just reading about your experiences, so can imagine what it must be like for you having your life and property adversely affected by these selfish morons.

I'm afraid so.

The fence is not the real problem - just a symptom.

The problem is the management of the freehold, and it sounds like this won't improve.

I had a friend living in a purpose built block of 100 flats, run by a Mgt Co owned by all the leaseholders. But a clique had formed that abused the funds, ran roughshod over other leaseholders but somehow got themselves re-elected year after year (mainly because other residents just gave up and stopped going to meetings....

She sold up and moved.

worried123

Fraise wrote: »

In answer to your question A) No, the gardens are not communal. It was one huge garden that's been divided into four separate gardens with fencing dividing them all. The freehold is a limited company owned by the four of us, so we each have one quarter share of the freehold.

Question I want the fence replaced as it's fallen down. It can't be repaired as it's very old and was falling to bits before the storm. I don't mind paying to replace it, providing I am liable for the cost, but as my neighbours are difficult people and never like to pay for anything or get any work done - even though they're in breach of the lease - I wouldn't be surprised if my neighbour would make out I was liable for the fence to avoid paying for it himself. Since I emailed them and asked them whose responsibility it is my immediate neighbour whose garden is adjacent to mine, emailed me back and said it was my fence and to get it done ASAP. The fence has been down for almost a month and I'm the first person to mention it, the others have ignored the problem (as is typical of them), but I thought I'd give them a chance to contct me first. Sometimes miracles happen.

Anyway, as soon as my neighbour did respone (which was first for him) I straight away replied to him saying I was happy to pay for a new fence, providing he could show me something to prove I am responsible. He has lived here for 20 plus years and I have been here for six - so I would assume he'd have more knowledge than me - and when I did move in at first. he approached me and said he was charge of any problems re the maintenance etc. But since replying to him asking for proof of who owns the fence he has ignored me. And knowing the way he's behaved for the last six years he will never reply to me about it, or he will keep stalling for time.

In the six years I have been here not one repair has been carried out to the property, except for two repairs, which I arranged myself, and despite me paying into a maintenance fund for such works. They too pay into the fund, so it baffles me why they refuse to have urgent and important works carried out. I have two leaks coming into two of my bedrooms, and have done for months. Because the leaking roof is only affecting my flat they're not bothered, and so they are being obstructive and preventing me from having the repairs done. I've had over ten quotes from different roofers to say what the problem is, but they're refusing to have the leaks repaired.

I call that difficult.

The newest neighbour, who styles himself as chairman, said he wants a surveyors report done instead. That means paying about £700 out the maintenance fund to be told there are two leaks in the roof, which have been identified and photographed by a team of roofers. In fact, the surveyor did come round, and came inside my flat, and agreed that the leaks needed repairing urgently. He too photographed the damage caused by the leaks, and asked me why we wanted a surveyors report when it was clear to see by anyone that the roof is leaking. He actually said his fee would have been better spent going towards the repairs. Furthermore, the fund is for maintenance and repairs only, it isn't meant for surveyor reports.

Neither is it meant for paying to have private gardening done (something the self styled chairman wanted to do for his front hedge and neighbouring tree). Neither is the fund meant to pay for the hiring of a flaming conference room in a hotel for one of our meetings that consists of just four of us, three of whom live within spitting distance!

Before the CHAIRMAN moved in last May I managed to arrange just two meetings to discuss maintenance etc, and I held them in my flat. Easy. But the chairman doesn't see fit to do that. He also charges drinks at the hotel to the company, even though we are not a profit making tax benefit company. He doesn't realise we are paying for conference rooms and drinks out of the maintenance fund. Neither do the other two muppets realise that. The maintenance fund is for MAINTENANCE.

They like to play at being directors, and giving themselves titles (lol) since we formed the company in May of last year, but they don't get any flaming work done! The nitty gritty.

I can't go ahead and order the works as the cheque book needs two signatories and all co-freeholders have to agree.

Another example of how difficult and inept they are is, a great big pine tree of about 30 foot in height fell down in the storm about a month ago. It's fallen onto the top of two garages at the end of the driveway, which belong to two of them. It's clear to see to everyone, probably the whole street. After nothing happening I emailed them and said it should be removed, and that would be covered by the fund, but they have ignored me and the tree is just lying there.

I don't know what other people think, and maybe I'm just flaming pernickety, but because I don't want water pouring into my bedrooms, dead trees laying on top of garages, rotten old fallen fences flapping in the wind, the exterior all grubby and dirty from the blocked gutters....I guess it must be me who's the difficult one, and they're just being normal!

Ah so not very neighbourly either are we Fraise.....but i wouldnt deem to comment as i am not in your situation and have no helpful advice to offer. I might follow your lead and tell you that perhaps you should leave the garden open plan and not bother with any fences as you have no scruples about boundaries. territory or privacy......you could then all walk around each others gardens and have your neighbours visitors do the same.....let them put building materials in your garden and have a few hoodies walk around your garden too........whats good for the goose......lets face it you would be `inufferable` if you minded....

Mrs_Imp

How odd. A year old thread resurrected just to have a random pop at the OP. Where's the confused smiley when you need it??

pondskater_2

If you check out her posts, she has the hump at fraise and is digging up old posts to get a dig in, sad really.