Boundary issue

mumps

Ehwhat wrote: »

Hello All,

Many thanks for the replies. They are all appreciated. I will be phoning the local planning dept. tomorrow and meeting with the builder.
Today I have overheard my neighbour telling their family that the structure will be completed tomorrow, and that I had been in their words 'whinging' about it. It is good to know that they are taking it seriously. I rather suspect that this could drag on.

Regards
Ehwhat

How rude, at least you know where you stand now.

cattermole

This is very useful advice on dealing with boundary issues and outlines the law.

http://www.boundary-problems.co.uk/boundary-problems/fences.html

Who owns the boundary fence? Is it you or your neighbour or is it party i.e. jointly owned? Mystified as to why no one has asked this question?

The planning aspect of it is an entirely different matter and building regs has nothing to do with encroachment of land. So not convinced the planning aspect will make any difference as they will not get involved with encroachment particularly if it is a permitted development. Which it may or may not be. Being on the boundary is a factor as is the height.

My advice is to relocate the fence to it's actual boundary, otherwise you are storing up a lot of problems for the future.

Any dispute needs to be avoided, as this will prevent you selling your house in the future, especially if it drags on. However so will encroachment over the boundary particularly if this new structure is resting up against your house/fence.

We had an issue with our neighbor, it was resolved when he was made aware of the law and did not escalate, but it took a couple of letters and you are best of putting stuff in writing, if nothing else people digest it more when they read it but keep it friendly and polite.

Also check with your House Insurance if you are covered for this sort of thing under "Legal Cover" our insurance offers free advice on the best way to deal with it, without escalating to a claim situation.

We did end up relocating the fence a few inches as it was our fence, long story as to the ins and outs but it was resolved and they agreed to contribute towards some of the cost for the damage caused.

Many people do not realize you cannot just do what you like with a fence belonging to someone else even on their side of the fence.

Who owns the fence is significant.

moneyistooshorttomention

Ehwhat wrote: »

Hello All,

Many thanks for the replies. They are all appreciated. I will be phoning the local planning dept. tomorrow and meeting with the builder.
Today I have overheard my neighbour telling their family that the structure will be completed tomorrow, and that I had been in their words 'whinging' about it. It is good to know that they are taking it seriously. I rather suspect that this could drag on.

Regards
Ehwhat

Do bear in mind that one of the things that NFH type neighbours do is to, quite deliberately, say things that you are meant to overhear. Its not just used as a tactic in this type of situation and its one I've been on the receiving end of in an employment situation as well (where I called it "Gossip War" and realised that management were doing it quite deliberately).

Therefore - they have been deliberately telling you that you are just "whinging". Personally - I would be taking them telling me (if in indirect fashion) that I am "whinging" as meaning they aren't very sure of their ground.

But I do know how it feels to be on receiving end of deliberate "passing messages to you indirectly" and having to remind yourself that they have been (quite deliberately) telling you something that they have (apparently....yeh right:cool:) said to someone else.

Its a well-known tactic. I hate these "indirect conversations" personally - but find they are surprisingly common in a variety of circumstances. The perpetrator says something to you "indirectly" deliberately so that you cant say "X said Y to me at that time on that date" and they hope to get away with the fact that they really were saying something to you - because they didn't do so directly. Its a sneaky one - but it happens. I tend to think its best to respond by pretending they really WERE talking to the person they ostensibly were talking to and pretend I didn't hear it.

Doozergirl

Like I was saying about being passive aggressive and jumping to wild conclusions.

mitstm, you do realise that none of that can be quantified as fact?

There are a million other conclusions you can draw about other people. All that actually needs to be dealt with is moving a piece of wood.

moneyistooshorttomention

Interesting phrase that "passive aggressive" one and not one that has been around prior to last few years.

I tend to think its a currently fashionable concept - and totally meaningless and used by people who wish to be a bit verbally aggressive themselves.:cool:

I have yet to hear anyone in my agegroup using it...I rest my case...

kaya

Doozergirl wrote: »

Really?

Some of the 'advice' here is terrible.

had it been the first time they had done something like that i would agree it is terrible advice, but if you read the op properly this isn't their first offence, give em an inch and they will take a yard seems applicable

bouicca21

Oh no, Money, pretty sure I'm in your age group and I certainly use it - to describe myself.

moneyistooshorttomention

bouicca21 wrote: »

Oh no, Money, pretty sure I'm in your age group and I certainly use it - to describe myself.

Am not keen on the idea myself...and have been on assertive training course and learnt that its best to be "assertive".

Not always easy....but I can well see its a much better way to operate than passive or aggressive.

State how things are quite clearly and..well...you've done your bit and made things quite clear...and then the matter is outa your hands basically.

One of my personal bugbears is people I suspect want something...but hint and go round the bushes and you're left thinking "Are they saying what I think they might be saying or aren't they?" and decide the best response is to react in accordance with the words they have actually used and take them dead literally.

The most recent incident of this was someone initating a conversation with me where I wasn't at all sure whether they were saying the exact words they were coming out with on the one hand or it was a demand for money (that isn't due) on the other hand - so I took them at their exact word ....

Ehwhat

The fence is to my right and was originally put in its current location by a previous owner of my house. This was also before the current neighbour. The current neighbour has recently renewed it, but to the same line as the previous fence. The sellers information form completed by the immediately preceding owner of my house states that they maintained all of the fencing.

Doozergirl

Ehwhat wrote: »

The fence is to my right and was originally put in its current location by a previous owner of my house. This was also before the current neighbour. The current neighbour has recently renewed it, but to the same line as the previous fence. The sellers information form completed by the immediately preceding owner of my house states that they maintained all of the fencing.

Then it is ultimately your responsibilty to mark your boundary in a way that protects it. Especially if you are protective of those inches. The best cure is prevention.

See what happens when you meet the builder tomorrow. I cannot see any other to be asked to meet them than to tell them the correct positioning.

I am sure it will be fine.

Did you look at the planning portal to check the dimensions of what is allowed undee permitted development?