Boundary Dispute - Neighbour wont let me put a fence on MY land

kathrynha

Bambi0895 wrote: »

I've explained the rubbish situation -he said i should ring him and he will move it. I dont think he will want a call for every time it happens - its pretty much a daily basis.

Oh I think he would totally appreciate a call every time, with you mentioning how a fence would help prevent it every time you ring

missprice

Bambi0895 wrote: »

I've explained the rubbish situation -he said i should ring him and he will move it. I dont think he will want a call for every time it happens - its pretty much a daily basis.

Then call him every time you notice rubbish there. If that's 3 times a day, oh well!

Bambi0895

thank you all for your advice!

I will be calling every time there is stray rubbish, be it a coke can, or a fridge (i had the delight of one of those last week!)

As i say i've written him a letter asking him to point out where in my deeds it says i cant have a fence, or in fact in his deeds. I've sent him a copy, and asked for a copy of his.

I think it's more of a scare tactic than anything, even if it means only fencing off 2 square meters of my garden, i will do it just to prove a point!

moneyistooshorttomention

Good for you gal:T

Personally, if need be, I'd phone up straight away on noticing rubbish, even if I hadn't noticed it till 11pm at night or on 6am Sunday morning.

Keep that backbone firm...as there are (as you've just found out) people as neighbours/landlords that have got such strong willpower that they are almost a Force of Nature and if one of them decides to tell you you cant do something you are perfectly entitled to do they can be very "forceful" indeed.

Full sympathies. As my nfh has been determined from virtually Day 1 here that I would "go Home to where I came from" (that would be elsewhere in my own country of Britain then would it - but just a different county..). But what these Force Of Nature types never seem to take into account is "You would move if you could...but if you cant afford it..then you cant afford it. End of!"

Bambi0895

Update - have had letter from said landlords solicitor telling me I can't put up a fence as it is not my garden. I own it but it's common land.

My solicitor never told me this and when I bought the house it wasn't advertised as a shared garden.

Does anyone know where I stand?!

Thanks

Mallotum_X

Ask for proof.

Bambi0895

Apparently their proof is that in my deeds it's called a 'common yard' and the reason I cant out a fence up is because 'there are thousands of things that deeds do not mention that you cannot do. The important thing is that it does not say you can put a fence up'

Bit of an odd way to put it I thought, as you could say there are thousands of things that deeds do not mention that you CAN do!!

I mean I don't know as this is the first house I've bought, but does it really say in people's deeds 'can put a fence up'???:mad:

stator

And in your deeds, what does it say, exactly?

Ms_Chocaholic

Common land is registered with the local Council, if it's not registered then it's not common land. See info here

https://www.gov.uk/common-land-village-greens

Bambi0895

'Subject to the rights of way if the owners and occupiers from time to time of the properties known as numbers 81 and 85 Elizabeth street aforesaid and numbers 2,4 and 6 Charles street aforesaid (in common with the purchasers and their successors in title and their respective tenants families servants visitors and licensees) over such part of the common yard comprised in the property hereby assured as May be necessary for the purpose of acces to and from the rear of their respective properties from end to Oak street aforesaid as heretofore used and enjoyed the said owner or owners of the said properties known as numbers 81 and 85 Elizabeth street aforesaid and numbers 2,4 and 6 Charles street aforesaid paying five sevenths if the cost of repairing and maintaining the said common yard and subject also to the rights of the same owners and occupiers (In common as aforesaid) to hang clothes in over and upon the said common yard such rights being limited to the use of a line or lines extending from hooks on the wall of the said garage composed in the said adjoining property known as number 85 Elizabeth street'