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

justjohn

I have only skimmed this thread.
if you put a fence up , and a third party destroys that fence its criminal damage.
if you put a lock on the said fence and its destroyed again its criminal damage.
Once you put the fence up it is more costly and difficult to remove legally.
The correct and legal way to do what you want to do is get the deeds changed for all the households concerned(unlikely to happen)


Most boundary issues come down to negotiation even if you are in the right.


Me I would never purchase a house with shared, land or access. However if I was ever in your situation I would approach the people concerned with my problem and ask them if they had or could help with a solution. After that it would be off to a solicitor or sell the house lol

Bambi0895

justjohn wrote: »

Me I would never purchase a house with shared, land or access. However if I was ever in your situation I would approach the people concerned with my problem and ask them if they had or could help with a solution. After that it would be off to a solicitor or sell the house lol

haha me either!! well... had i have known this i would not have taken a second look!!

I have emailed back to the solicitors myself, as i cant afford litigation at the moment :-( after all i have just bought a house for probably quite a bit more than its worth with the current garden situation....

I'm going to ring citizens advice and have emailed the land registry!!

any other ideas are well and truly welcome!!

Summer-Sunshine_2

Lovely area

My Aunt lives quite near

Hetty17

Post your problem on the garden law.co.uk forum. Lots of people there knowledgeable about boundary and rights of way problems.

Mrs_Imp

Just my thoughts:

As it stands the land is of no benefit to any of the houses, and may even be considered a detriment, as you say it's poorly maintained and seems to be a spot for littering.

When the weather is nicer I would have a bbq and invite your neighbours and their LL. Explain that the land is currently a detriment, and you would like to make it a nice, usable space for everyone. Ask them if there's anything they'd like to see on the land, eg washing line, bike rack, grassed area etc, to help make the area a nicer place to live. Suggest a fence along the back to help discourage littering and flytipping.

Hopefully even the LL will be able to see that his properties will benefit from having a nicer outdoor space.

Once you (hopefully) have everyone on board and it's looking nice then you can broach the subject of fencing off a private area for yourself.

Much better to have good relations with your neighbours if at all possible.

Bambi0895

Thank you for all your ideas!!

Another update - I replied to the letter from the solicitor via email, it was lengthy to say the least, i explained my point of view and what my solicitor had explained to me.

i received a reply this morning, he totally dismissed everything i said and basically said why should he talk to me about it, i should speak to my own solicitor he doesn't have to deal with me.

I emailed back and explained i had spoken to my own solicitor and this was why i was replying in disagreement,

He has now said he wont speak to me at all, and i put a fence up they will take me to court and i will have to pay.

He's rude, and i find it all a bit threatening. I'm stressed like i have never been before.

Help :-(

princeofpounds

Re the lawyer's letter...

Lawyers are experts at making a letter sounds like they are saying something, without necessarily even saying it, if you read it carefully.

Remember they represent your opponent, and so are always going to be try to back up that position even if they know the legal situation is not favourable to it.

Commonly, they will combine an assertion of their client's belief together with some related legal principles and facts. The legalese may not actually back up the assertion at all, but if you don't know the relevant law it sounds like they may.

This letter sounds like it may be one of those situations, although I am not familiar enough with these rules to be sure. It is possible that the reference to common yard is enough, but you would need to know case law to decide if they are talking nonsense or not.

The point being, don't fall into the trap of thinking they are giving you impartial legal advice, and realise the difference between what sounds like a legal argument and what is a legal argument.

Obviously having your own advice is the best way to confirm your situation. If it's worth the £.

He's rude, and i find it all a bit threatening. I'm stressed like i have never been before.

He's not rude. He is being threatening but only in a legal sense, that is what he is being paid for. He is not going to talk to you because you are not his client, and he has done what his client asked, which is make his assertion and to try to put some kind of legal argument forward for it.

jjlandlord

Stop wasting time by replying to the solicitor, and potentially writing something you will regret.

Bambi0895 wrote: »

'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'

Have you had actual legal advice on this clause?

It seems that they are right in that this is not your yard, but that it is owned in common by the 5 owners of the properties mentioned.
Hanging clothes there is a disturbance to the other owners and thus it was explicitly stated that this was allowed subject to the limitation listed.

If so, you indeed cannot erect a fence through the yard.

Get proper legal advice. Discussing with us or sending emails to their solicitors is a waste of time.

Bambi0895

I've had proper legal advice. My solicitor has told me in her opinion it is fine to erect a fence.

princeofpounds

My solicitor has told me in her opinion it is fine to erect a fence.

Have you shown her the argument of the other side? Have you asked her to explain the basis of her opinion in written legal advice?