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Historic permission to attach to wall?

mikesndbs
mikesndbs Posts: 17 Forumite
Hi

Dad lives in a detached bungalow with an almost exact copy to one side.
Dad's rear garden has a fence on the left side and rear and on the right side the boundary is next doors garage, the wall is obviously theirs as it is set back from the line of dad's fence that runs between the two houses (path on dad's side) to the front of the properties.

Back in 1998 we wanted to attach a small cable run along the garage wall to go to a avery in the rear of our garden.
We asked the neighbours who had no problem with this at all.
Back in 2013 new neighbours came. Yesterday they started threatening legal action to have the cable run removed.
Can they really start this kind of bullying? after all they purchased the property 'as is' which to us included the permission to have the cable run.

Comments

  • paddy's_mum
    paddy's_mum Posts: 3,977 Forumite
    I've been Money Tipped!
    Permission given can always be withdrawn.

    If I lend you my car on two occasions to attend urgent hospital appointments, does that mean that you can come along and borrow my car whenever you feel like it and that if I protest, I am "bullying" you?
  • Davesnave
    Davesnave Posts: 34,741 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    If there was no written agreement at the time the cable was attached, then it would be difficult to prove it was granted, but anyway, such permission was between different parties.

    Besides, permission could have been withdrawn: for example, if the neighbour had wanted to demolish the garage.

    Lastly, the 'new' neighbour may not have known about the cable until quite recently.

    People don't have a right to attach things to others' property, so whatever we might think about the neighbourliness of the person(s) concerned, your best option is to remove the cable and take it underground.

    This would mean replacing it, if it's not armoured, and making sure that the new installation complies, as regs have changed a lot since 1995.
  • paddy's_mum
    paddy's_mum Posts: 3,977 Forumite
    I've been Money Tipped!
    mikesndbs wrote: »
    Yesterday they started threatening legal action

    It seems rather strange that their first move should be so harsh and somewhat cracking a nut with a sledgehammer.

    Before yesterday have they hinted, asked, requested that the cable be removed from what is, after all, their property not yours.
  • It seems rather strange that their first move should be so harsh and somewhat cracking a nut with a sledgehammer.

    Before yesterday have they hinted, asked, requested that the cable be removed from what is, after all, their property not yours.

    Never said anything before
  • Just to clarify, the point here is we don't dispute it is their wall and we are happy to remove the cable.
    The issue is they want it removed NOW and dad is 82 and disabled and I can't get over there until next week.
    I'd say bullies without doubt
  • paddy's_mum
    paddy's_mum Posts: 3,977 Forumite
    I've been Money Tipped!
    mikesndbs wrote: »
    they want it removed NOW and dad is 82 and disabled and I can't get over there until next week.

    In that case, just let them know (ansaphone message, email, your Dad dropping a polite note through their door) that you will be over next week to remove the cable as per their wishes.

    If they are daft enough to go to a solicitor in the face of that, they will very quickly discover that they have to pay good hard cash for the privilege of being told that their demand is likely to create a must-be-reported neighbour dispute as well as being unreasonable and somewhat blo*dyminded....
  • 27col
    27col Posts: 6,554 Forumite
    There's no accounting for the attitude of some folks.
    I can afford anything that I want.
    Just so long as I don't want much.
  • Davesnave
    Davesnave Posts: 34,741 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    mikesndbs wrote: »
    I'd say bullies without doubt
    Bullies only bully because others let them.

    Stand up to them, by saying you'll move the cable within a reasonable period: say within 2 weeks of having had notification.

    Leave it at that.

    After all, what can they do?
  • Davesnave wrote: »
    Bullies only bully because others let them.

    Stand up to them, by saying you'll move the cable within a reasonable period: say within 2 weeks of having had notification.

    Leave it at that.

    After all, what can they do?

    I agree, trouble is dad is on his own now, has mental confusion and so feels intimidated. I'd fight them for the sake of it and because they went down this stupid route without even speaking to us.
  • mikesndbs wrote: »
    Never said anything before

    Then they don't sound like very nice people. They have every right to ask you remove it but jumping straight to threats of legal action just shows you what kind of people they are.

    That said, they can't force you to do it immediately without legal action and as others have said they are very unlikely to go down that route. Simply write a letter to them telling them you are arranging to have the cable replaced and removed from their property as soon as possible and that they should address any further correspondence regarding the matter to you (assuming your Dad is OK with this).
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