prob with neighbours help pls

Nobleck

Nice looking property, i'd buy it, only trouble is i'd clash with your neighbours

Is picture 6 the new fence or the old fence?

movingforward2010

Nobleck wrote: »

Nice looking property, i'd buy it, only trouble is i'd clash with your neighbours

Is picture 6 the new fence or the old fence?

old fence

i removed the link incase my neighbours were on here and saw it , wouldnt be to great at the moment me thinks:o

sav4it

What's happened? Were pictures posted and now removed?

Nobleck

Well in my mind that fence looked sound, i think the link was removed as it advertised a property for sale.
See if you can copy and paste picture6 on here for the forum members to see.

HugoSP

I still stand by what I said earlier. Whatever the condition of the old fence etc agreements should be honoured.

However if your neighbour is being totally unreasonable then you can only act to protect yourself.

paddy's_mum

I have followed this thread with interest but kept out of it until now. There are a few things that perhaps OP needs to get his head around in order to keep sane while all this lunacy is going on around him.

Firstly, if the reason that the neighbours wanted a new, higher fence was to keep their dog in, the onus is totally on them to provide it. I believe they were very lucky that you agreed to pay half towards the replacement fence, whoever the original fence was owned by.

A SCC judge looking at all this would inevitably ask 'did you own the original fence Mr Neighbour? Why did you wish to replace it? .... Ah - so for your own convenience!'

Alternatively, the line of questioning would go 'So you owned the fence wxmlad. Was it falling down? No - so why did you agree that it could be replaced? .... Ah! to please your neighbours - I see'

If the neighbours had told their estate agent that the fence would be replaced, then I suggest that they had other reasons, such as improved privacy for an intending purchaser and that their reasons are actually nothing to do with you and most certainly not your responsibility.

Having said that, you are (as you are aware) under a moral obligation to pay them the half you agreed to. However, if they are now being stupid and demanding the full cost of a fence which you did not need nor want nor contract for, (don't forget that little point because it is a vital one) how far does anyone think a judge will allow this to go before throwing it out of court as a vexatious claim?

It will count against them tremendously, in my view, that they chose not to accept the part payment offered. It was at this point, I believe a judge would decide, that they stopped being sensible and started to act in a provocative and highly unreasonable fashion.

I would not be too bothered about declaring a dispute - as someone earlier rightly said, any prospective purchaser would be able to see that with the sale of the properties, the problem evaporates.

In your shoes, I would just let them keep on shelling out for a solicitor (they can't be that short of cash, then?!) only to find that their guns are spiked as you have indeed offered them cash to honour your part of the bargain.

I would be writing to them or their solicitor by recorded delivery very courteously setting out the situation, exactly as you have here. I suspect their solicitor would tell them they have a snowball in hell's chance of making this claim stick.

You may be wise to check very carefully indeed whether you have legal expenses cover on your household insurance, credit cards, union membership etc and take note if they have a period (often 60 or 90 days) in which you must alert them to a potential problem.

Finally, a word of warning. It is not unknown in situations such as these to find damage being done to your house, shed, garden etc by disgruntled neighbours so I would strongly advise you to keep a very close eye on your property.

Hope that helps and that it will soon all blow over. Look on the bright side - at least you won't have to continue to live next door to idiots like this. If this is their pattern of neighbourliness, you could have had years of conflict and hostility to endure into the future. Good luck.

full-time-mum

Poppy9 wrote: »

That's odd. I can't see what they can gain by turning down cash.

I think this too - makes you wonder whether they have a hidden agenda.

Poppy9 wrote: »

Your next move to protect yourself is to write to them setting out your offer. Send it by recorded delivery so you have proof you offered to pay.

I think that your offer seems very reasonable under the circumstances.

In the absense of a reciept and given that they are being arsey I would definitely ask for proof of the cost - its hardly an unreasonable request.

If they are going all finikity and legal on you then it is reasonable for you to ask for proof of what you owe - for all you know, they are trying to recover the entire cost - how do you know they aren't ripping you off.

Also, did they tell you when they planned to get the fence errected. If they have dictated the timing, point out that they didn't ask you if this month was ok for you financially, it isn't that you haven't refused to pay but have explained that you have a cash flow problem which you have bent over backwards to try and overcome to a lesser or greater extent.

Good Luck - seems to me they are spoiling for a fight. Just a thought that has popped into my head, they aren't hoping your sale will fall through so they can purchase at a rock bottom price by any chance?


Edit: Just noticed that they are threatening to pursue the entire cost of the fence - makes you feel like telling them to get stuffed.

barrymung

As far as I see it, you agreed to pay the money by a certain date and have now gone back on that agreement. You had a verbal contract..they have fulfilled their part of the contract but you have gone back on yours.

Bear in mind you neighbours may have been relying on that money, too. Perhaps they needed it even more than you did.

With regards to it causing you problems selling your house then yet it could/will. However, it would also cause them problems if they decide to sell.

Look at it from their point of view, you promised them money and are now refusing to pay. They probably think you are stalling and are going to sell your house, move away and not pay.

Best thing is to borrow the money and pay off the debt asap.

campinghelp

verbal agreements are never legal. but i would get quotes for the cost of the fence if the price they quote is reasonable. then give them a cheque for the money and if they dont then do anything with it its up to them. i am trying to get money off a retailer at the moment they are ignoring me which i think i will have to take to the small claims court if they ignore that judgement will be awarded to me so i will get money anyway.

HugoSP

The post that now sums up this situation best is no 93 by Paddy's Mum.