leasehold boundry dispute

BobQ

So how much have they shifted it. Your diagram suggests about the width of a brick. Are boundaries defined that accurately?

G_M

Well, in the case of boundary fence extended away from a party wall it is pretty obvious where the boundary should be.

jm2926

jiggy.jay wrote: »

Thanks for all the advice everyone.

Well, let just say, the conversation ended with their ‘well the fence is up now, what do You want to do?’ attitude.

The reply should be, well either you have workmen rectify it, or I will remove this trespassing fence with an axe/saw/pick/chainsaw/tow rope to car and return it to you in pieces

Gordon_Hose

jm2926 wrote: »

The reply should be, well either you have workmen rectify it, or I will remove this trespassing fence with an axe/saw/pick/chainsaw/tow rope to car and return it to you in pieces

^^ this all the way.

They can obviously sense they intimidate you,a nd I suspect they knew EXACTLY what they were doing when they put the fence up.

You shouldn't stand for it, regardless of how intimidating they are. Otherwise they'll carry on walking all over you.

jiggy.jay

im hoping to go and speak to them this weekend, but waiting for a friend to confirm they are available as dont want to go alone:o.
i have printed the photos and was going to show them, but not going to let them keep it.

so am i right in guessing it my responisbility and not my freeholders?:(

barbiedoll

Gordon_Hose wrote: »

^^ this all the way.

They can obviously sense they intimidate you,a nd I suspect they knew EXACTLY what they were doing when they put the fence up.

You shouldn't stand for it, regardless of how intimidating they are. Otherwise they'll carry on walking all over you.

As Gordon says, they know they can intimidate you, that's why they've done it. I daresay the few inches of your land makes absolutely no difference to their life in any meaningful way but some people are just @rseholes who like to prove they're bigger/better than everyone else.

I know it's very hard to deal with people like this but you can do it. Taking a friend is a very good idea. Rehearsing what you're going to say, in front of a mirror, is another.

Take a copy of your photos along (for them to keep if they like) and if they again ask "what do you expect us do to about it?", just tell them that it will be moved, and either they can do it, or you can do it. Don't be distracted with any other conversations, just keep repeating that either they can move it or you will. Don't dither, don't make any compromises, don't agree to any vague promises of sorting it out at a later date etc etc. Go there with the aim of getting it sorted and don't leave until you have a satisfactory outcome.

Honestly, if you stand your ground, they will back down. But if you don't do this now, you can expect all sorts of other goodies coming your way, (bins on your property, cars parked in your space, rubbish over your fence) people like this will ask for an inch and will take a mile. You have to make a stand very early on. So don't say you haven't been warned!

Good luck!

Gordon_Hose

barbiedoll said it so much better than I could :T:rotfl:

lovinituk

I'm sure you wouldn't but if it comes to you having to remove the fence, be careful not to damage it. Even if you are ultimately in the right, the police are likely to act very quickly on what appears to them to look like criminal damage. You could initially find yourself arrested and then have to explain the situation. The police won't care about the civil matter of a boundary dispute but will most likely act on you causing damage to someone elses property.

Angelicdevil

lovinituk wrote: »

I'm sure you wouldn't but if it comes to you having to remove the fence, be careful not to damage it. Even if you are ultimately in the right, the police are likely to act very quickly on what appears to them to look like criminal damage. You could initially find yourself arrested and then have to explain the situation. The police won't care about the civil matter of a boundary dispute but will most likely act on you causing damage to someone elses property.

There would be absolutely no necessity to arrest, so the police will not arrest.

lovinituk

Angelicdevil wrote: »

There would be absolutely no necessity to arrest, so the police will not arrest.

Can you guarantee that? Admittedly they might see the bigger picture but unless you can guarantee the OP 100% that they won't arrest (which you can't), then its best for the OP to be prepared for the worst case scenario.

I'm not here to argue about the correct legal procedures that a policeman should or shouldn't take. Its about the balance of probabilities and avoiding getting oneself into unwanted situations in the first place.

A fence can be taken down without causing it any damage (particularly a new one that is in good condition) so anyone advising it is taken down in a manner that will cause damage is just being stupid and the OP would be equally stupid to take that advice. Although the OP sounds very sensible so I doubt they would be that stupid anyway.