Obtaining Neighbour's Title Deeds?

davidmcn

griggsy2005 wrote: »

Are there any other grounds that I could get it removed as the dish is overhanging my garden?

You don't need other grounds - it's encroaching on your property (assuming you're correct about where your boundary lies).

moneyistooshorttomention

Doesnt sound like there's a dispute to me yet Dave - as OP hasnt complained yet. There won't be a dispute either if neighbour duly gets it removed.

Sounds like there has been nothing verbally between them yet. If neighbour responds reasonably - then all there will have been will have a polite verbal conversation (ie no argument and nothing in writing).

I wasnt envisaging OP physically removing the dish personally - it would be up to the neighbour to get their workmen in again to do that task. If OP did remove the dish (which they would be entitled to do - as its protruding into their space) then I still don't think it would count as "dispute" (they could just say "There used to be a dish in my airspace. I removed it. Dispute resolved").

griggsy2005

I tried the nicely nicely, softly softly approach, but got a cold shoulder and "my lawyer friend says......."
"If you don't like it, you need to get your solicitor to get in contact with mine"

devil neighbour!

Told her I was going to be doing my own legal representation and require the name of her solicitors to see if she was bluffing and i haven't heard back yet!

griggsy2005

Please see the email I sent after I was told to do one!

Thanks you for your time earlier ***********,

I am sorry that our first meeting had to be one of this nature. Ideally, I would have hoped that our first time meeting had been in more favourable circumstances. However, as you aware, there are more than a few issues with the recent installation of your satellite dish. They are, but not limited to;

Firstly, unauthorised access to my enclosed rear garden. Admittedly, this was done by the Sky engineer, however, by authorising the work, you are effectively responsible for this action. What's more, this was done without my knowledge and without my permission. The sky engineer illegally entered my garden without permission by climbing over my fencing, please see attached. This action in itself may well have damaged my property, but I am yet to assess the state of the fencing.



Secondly, violation of restriction 12.5.14. If you look at the contract/deeds, restriction 12.5.14 states;

"Not within five years from the date hereof to erect or permit to be erected on the Property any receiving dish for satellite programmes save as is not visible from the Estate Roads"

Having checked the site plan for the location of Estate Roads, I can confirm that the satellite dish that you have erected or permitted to be erected is in fact visible from the Estate Roads and therefore directly violates the contract/deeds. Please see attached picture of the view from the Estate Road, clearly showing your satellite dish.



Lastly, overhang. The positioning of the satellite is actually overhanging on to my property and is an eyesore should I ever want to spend time in my front garden. I have attached a picture of the boundary of my property to illustrate that the dish is encroaching on to my property.



Due to the above, I request that you take the dish down, within 7 days, starting Monday the 26th of September. I advise you to ask for my consent, should you again require access to my rear garden to remove the dish. If the dish hasn't been removed by the October the 3rd 2016, I will be removing the dish myself, as I am well within my rights to do so.

I look forward to your response

Davesnave

moneyistooshorttomention wrote: »

Doesnt sound like there's a dispute to me yet Dave - as OP hasnt complained yet. There won't be a dispute either if neighbour duly gets it removed.

Sounds like there has been nothing verbally between them yet).

Your inferential comprehension is different from mine, then.

OP also said there was a dispute.

silvercar

In the dead of night , move the angle the satellite is facing.

The neighbours will soon be knocking on your door asking for access to correct the angle. At which point you suggest they move it to an alternative place.

cbrown372

Why did you ask for advice when you have already started a dispute?

DavidF

OP do you REALLY want to go down this route for what is essentially much ado about nothing ? If the workmen caused damage then bill the neighbor...stating the damage caused and evidence of the price to put it right. But to get someone to have their sat dish taken down.....
1. Do you have pets ?
2. Do you have children ?
3. Do you have a car ?
4. Do you have any friends that have a car who will visit you ?
5. Will you ever want to sell this house ?
6. Will you ever want to have any sort of building work done to your house or the grounds/property in general
I would say IF you could answer yes to any of the above then think very carefully before annoying this neighbor.
Got to say I am glad im not the poor sod in your sights lol.....even IF the original "issue" was the neighbor's work-men's fault.
You only need skim these very boards to read of true proper horror stories that ALL start from something so minor as to be ultimately forgettable but in the end can result in violence and £0000's in legal fees

DavidF

griggsy2005 wrote: »

Please see the email I sent after I was told to do one!

Thanks you for your time earlier ***********,

I am sorry that our first meeting had to be one of this nature. Ideally, I would have hoped that our first time meeting had been in more favourable circumstances. However, as you aware, there are more than a few issues with the recent installation of your satellite dish. They are, but not limited to;

Firstly, unauthorised access to my enclosed rear garden. Admittedly, this was done by the Sky engineer, however, by authorising the work, you are effectively responsible for this action. What's more, this was done without my knowledge and without my permission. The sky engineer illegally entered my garden without permission by climbing over my fencing, please see attached. This action in itself may well have damaged my property, but I am yet to assess the state of the fencing.



Secondly, violation of restriction 12.5.14. If you look at the contract/deeds, restriction 12.5.14 states;

"Not within five years from the date hereof to erect or permit to be erected on the Property any receiving dish for satellite programmes save as is not visible from the Estate Roads"

Having checked the site plan for the location of Estate Roads, I can confirm that the satellite dish that you have erected or permitted to be erected is in fact visible from the Estate Roads and therefore directly violates the contract/deeds. Please see attached picture of the view from the Estate Road, clearly showing your satellite dish.



Lastly, overhang. The positioning of the satellite is actually overhanging on to my property and is an eyesore should I ever want to spend time in my front garden. I have attached a picture of the boundary of my property to illustrate that the dish is encroaching on to my property.



Due to the above, I request that you take the dish down, within 7 days, starting Monday the 26th of September. I advise you to ask for my consent, should you again require access to my rear garden to remove the dish. If the dish hasn't been removed by the October the 3rd 2016, I will be removing the dish myself, as I am well within my rights to do so.

I look forward to your response

Hahahaha - I now think you are trolling us lol. IF you do actually think this is true then you may find yourself in court for criminal damage.....Or you may even find yourself on your backside when the neighbor finds you interfering with his property.....
I think you are just winding us all up tbh lol...

moneyistooshorttomention

silvercar wrote: »

In the dead of night , move the angle the satellite is facing.

The neighbours will soon be knocking on your door asking for access to correct the angle. At which point you suggest they move it to an alternative place.

I hadnt realised satellite dishes are so specific in having to face a certain direction. If that is the case - and given that you've tried "being reasonable" and they acted like louts in response (and lied - ie re using "their solicitor") - then I'd be inclined to do this personally.

I think even a little woman like me (don't know what OP is like? - you might be a burly great man for all I know - though I doubt it from the neighbours chavvy response) could manage to do that.

If, somehow, there was no response at all from them to that - then get in that "thick skinned workman" Dave refers to to remove it totally and place it neatly/undamaged back on their land (NB: take photo of it to prove it hasnt been damaged obviously).

*********

To counter other experience given on this thread - I am a little woman and neighbours trying it on and saying they had "been in touch with our solicitor" were chavvy/physically bigger than me/etc - but I stuck to doing what I am perfectly entitled to do on my own property. I believed them initially re solicitor - but they were lying. They haven't been daft enough to try anything to harm me in any way (I'd have certainly had the police straight onto them if they had). All they've actually done is "badmouth" me - but that's not a problem, as we move in totally different social circles basically anyway.

All is resolved - problems over.