Neighbour ignoring council instruction to move fence

FlatFour

Thanks for the advice, while we started the RtB process last year, things have gone slowly due to a number of errors on the HA's part.  So, we will certainly ensure this is resolved before we take things further.  We're still waiting on things from the HA that have been put on indefinite hold due to the current situation.  The plan is to email our contact in Legal tomorrow to update them on the situation.

Thanks for all the replies.  I was, to a degree, just venting to get it all out there as while we were successful regarding the dispute, it really does need to be enforced by the HA.

Cheers.

GDB2222

Being realistic about this, I don’t think the HA will do much more about this. The loss in value to them from the zig zag boundary is as close to nil as makes no difference. They sent someone along to have a look, and they’ve written a letter to the neighbour. That’s cost them very little. Just a couple of hours of a legal assistant.  They may even waste another 15 minutes writing an even more strongly worded letter, which the neighbours will ignore.

What the HA would be incredibly unwise to do is commence legal action against the neighbours. This can cost tens of thousands of pounds, and even if they win they won’t get all their costs back. 

If you choose to pull out of your purchase over this, I doubt that they’ll be bothered.

A sensible solution to this is for you to complete your purchase, then once you own the land agree with the neighbours that At YOUR COST you’ll get the fence straightened. Problem solved for a few hundred pounds, and no dispute to report to any purchasers if you decide to sell your house in the future. 

If you don’t want to do that, then unscrew the panels that are in the way, paint your shed, and screw them back again. Or buy a long handled brush.

The point is not to escalate this issue. It’s not worth it. 

FlatFour

I get what you're saying.  However, while the fence was being constructed we offered to help with making it straight, but were totally ignored.  I don't think they'd be even remotely receptive to any approach like that, based on their attitude and response so far.  They've totally dismissed us, an independent surveyor and the HA's Legal Dept, it's like they think themselves above it all.

Unfortunately, with the neighbours totally unprepared to be reasonable, we have little option but to hope the HA will support us.  It's such a silly situation that could have been resolved easily while the fence was being constructed, but the neighbour seems to consider themselves more important than anyone else, and are just doing whatever they want.

We'll contact the HA's Legal Dept again and see what they say.

xylophone

If the purchase goes through before the neighbours comply, then it is open to you to remove the panels, return them to the neighbour, have the stumps ground out and a new fence constructed on your land?

greatcrested

That is an option. Once you own the land yourself, you can do what you like on it- including any fence you happentofind on it that you don't want there.

But neighbour disputes can get ugly and lat for years - do you really want to buy into that?

FlatFour

I don't want any hassle at all, but the neighbour is being totally unreasonable.  I need to see what HA Legal says.  It's their land at the moment, not ours so it's up to them.  It's just annoying to lose access to the rear of the wooden sheds that have been in place for years.

[Deleted User]

FlatFour said:

I don't want any hassle at all, but the neighbour is being totally unreasonable.  I need to see what HA Legal says.  It's their land at the moment, not ours so it's up to them.  It's just annoying to lose access to the rear of the wooden sheds that have been in place for years.

Presumably because you have reported it, the landowner will now be required to act in order to protect their property interests, and to protect their liability to you as you have the right to possession of all the land which you rent which is being fettered by a third party.

markin

Is it not your responsibility to maintain the garden? do you cut the grass? I would just carefully rip it up and return it to them, if they call the police they won't do anything its a civil matter.

They are probably taking advantage knowing the HA will do Jack all, apart from send letters. And thinking you will not likely pay for it to be moved.

Getting_greyer

If you started moving the fence would it involve a physical confrontation? 
If not just move it and explain  later.