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

Dr._Shoe

I have some questions about this case.

1. Why is the landlord getting involved at all? Have the tenants complained to him or does he live in the vicinity?

2. Is there a chance that people dump rubbish because they think it's "waste ground"?

3. Is the area you're proposing to fence in maintained other than just mowing the grass?

4. Have you had an issue with neighbours and you're "exercising the right" to put up a fence to prove a point?

5. Is the rubbish dumping malicious?

6. Is this rubbish general refuse that's left there awaiting collection or is it stuff that you're expect to dispose of?

I think that going on what you have said I would put in a low fence, maybe an ornamental one and do some gardening, maybe put in a small flower bed in the area where the rubbish gets dumped just to demonstrate that someone actually owns the land.

moneyistooshorttomention

Mallotum_X wrote: »

Ask for proof.

x 2 on that one. This may be just a try-on.

I'm focusing on the words in this as "may be necessary for the purposes of access". If they still can fulfil all "access purposes" then that's your duty discharged. How can it be both called a "common yard" on the one hand, but one house owns it on the other hand?

Is it down on your Title Plan enclosed by that red line along with your house itself?

What is the date on these original "Deeds" on the one hand? What is the date on the "Title Plan" on the other hand? I am assuming that the "Deeds" are what your house had originally at the time it was built. However, since then those "Deeds" have been superceded by the modern-day "Title Plan" you now have and if that Title Plan shows the yard as belonging to you, then it belongs to you.

In your position, I would be contacting the Land Registry and saying "Look - I have these 'Deeds' on my house from such-and-such year. I also have my Title Plan on my house from year so-and-so". I would then ask them if they had anything in their records stating what, if any, obligations/restrictions/etc had transferred over from the "Deeds" to my "Title Plan" (despite not being specifically mentioned on my Title Plan).

My suspicion would be that your Title Plan is now the only document to take account of here and that that wording "common yard" is now totally irrelevant and just a phrase and query with L.R. what their understanding of the words "common yard" would be and whether it would still apply - now that the house has changed from being on original Deeds to being on modern day Title Plan.

"such rights being limited to the use of a line or lines" is also a phrase I would focus on personally. That phrase implies that as long as they can use their blimmin' washing lines then you have fulfilled all access requirements necessary.

I have a definite suspicion that that solicitor is some little general solicitor that doesn't actually know very much about this sort of issue (ie certainly not a landlaw specialist) and he has just churned out the exact letter his client has paid him to churn out, rather than actually knowing/caring what he is talking about iyswim. Hence ask Land Registry and hopefully they can point you in the right direction. There are solicitors like it ....been there/done that (or, to be more precise, "had it done to me"), but that solicitor proved to know nothing in the event.

Southend1

Bambi0895 wrote: »

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:

My deeds say that the owner of the plot must erect a fence on the boundary marked on the plan and it must be of a certain height and construction. So they can be quite specific about these sorts of things.

moneyistooshorttomention

Southend1 wrote: »

My deeds say that the owner of the plot must erect a fence on the boundary marked on the plan and it must be of a certain height and construction. So they can be quite specific about these sorts of things.

...and the question in this case would be then "Have they got it down in writing specifically stating that:

"No fence shall be erected on any part of the common yard"

or words to that effect?

Unless those exact words were down somewhere on my Title Plan or Land Registry confirmed to me that (despite not being on my Title Plan) there were words saying that "no fence" prohibition down in the original "Deeds" and recorded in their system as still being relevant to my Title Plan, then I would put the fence up and just phone this solicitor personally and say "Access is required for the purposes of those washing lines. Access for those washing lines is still there. Do you want me to send you a photo proving that that access is still there? You are even invited to drop round to have a look in person and can see for yourself that that access for the lines is still there, and I'll even make you a cup of coffee whilst you have that look if you like". Cue for exit from scene of that solicitor and nothing further heard from them I would think....

Bambi0895

Dr._Shoe wrote: »

I have some questions about this case.

1. Why is the landlord getting involved at all? Have the tenants complained to him or does he live in the vicinity?

2. Is there a chance that people dump rubbish because they think it's "waste ground"?

3. Is the area you're proposing to fence in maintained other than just mowing the grass?

4. Have you had an issue with neighbours and you're "exercising the right" to put up a fence to prove a point?

5. Is the rubbish dumping malicious?

6. Is this rubbish general refuse that's left there awaiting collection or is it stuff that you're expect to dispose of?

I think that going on what you have said I would put in a low fence, maybe an ornamental one and do some gardening, maybe put in a small flower bed in the area where the rubbish gets dumped just to demonstrate that someone actually owns the land.

Hi!
1. He lives 5 doors down and one of his tenants kicked off and told him when I politely asked her to move her 4 wheelie bins from directly outside my window.
2.the tenants believe it's a shared garden and think they can leave whatever they like there and I'll clean it up. Think members of public think it's just wasteland!
3.its tarmacked but in very bad condition very patchy with a big free stump and bits of weeds coming through.
4.nope! Planned to fence a bit off since we first viewed it! We're leaving te neighbours with almost half even though it's ours we'd rather they have it just so we can have a little privacy!
5. No I think they are just scruffy and they know I will keep picking up after them. I am the only person who does.
6. Can be general refuse. Sometimes bagged sometimes just bits thrown *near* a bin! Sometimes household goods, ive had a bed frame, carpets, smashed up toys a pram!

I would love to put some pots outside and pebble half and turf half but apparently that is classed as maintenance and I have to ask all parties involved forst and I have been assured that Mr landlord will say no. :-( he doesn't want to know when there's money or litter involved!

Bambi0895

Hi all,

Yep the whole 'common used' is encapsulated by MY red line :-)
The solicitor says i own it but it's common yard and I can't put a fence up as it 'obstructs' them hanging their washing out! And I am not able to decide when any maintenance needs doing without consulting everyone else first. I pointed out that the constant removal or rubbish left by Mr landlords tenants was maintenance and should I call him up every time someone leaves their furniture outside before I move it!?

Imp

Put the fence up and bill the landlord for five sevenths of the cost of the fence!

Bambi0895

Imp wrote: »

Put the fence up and bill the landlord for five sevenths of the cost of the fence!

Hehe! I tried that one but got told 'I am not capable of deciding what maintenance needs doing' and 'I can't just decide what should it should not be erected on the common yard'

Patronising I thought! I have eyes! I can see that it's a state and needs improving! Hes not only subjecting me to having a mini landfill outside his house, but also his tenants! Don't know why?!

moneyistooshorttomention

Bambi0895 wrote: »

I would love to put some pots outside and pebble half and turf half but apparently that is classed as maintenance and I have to ask all parties involved forst and I have been assured that Mr landlord will say no. :-( he doesn't want to know when there's money or litter involved!

On that front, it may well be that you have to ask the other parties involved IF you are asking them for their share of the costs towards this.

But, on the other hand, as a totally separate issue, I would say you can do all the "maintenance" work you please of that description and aren't accountable to them for it IF you aren't actually asking them for any money towards it.

The asking is more likely to be to do with the "paying" aspect, rather than the actual work itself iyswim.

So = no paying from them would equal no saying by them (ie against "maintenance work").

Then its up to you whether you wish to cover the cost totally yourself = in which case go ahead and do it and cover that cost yourself.

moneyistooshorttomention

Bambi0895 wrote: »

Hehe! I tried that one but got told 'I am not capable of deciding what maintenance needs doing' and 'I can't just decide what should it should not be erected on the common yard'

Patronising I thought! I have eyes! I can see that it's a state and needs improving! Hes not only subjecting me to having a mini landfill outside his house, but also his tenants! Don't know why?!

Why? = he wants your house or at least an option on buying it at some point, having duly put all other potential buyers off it.