Boundary problem

Ms_Chocaholic

Personally I would forget the front hedge, what is the area that you are disputing at the front - about 18 inches wide and the length of your drive? Let him do what he wants with it as long as it doesn't affect your block paved drive, it sounds like he just wants to put artificial grass there, let him get on with it.

In terms of the rear garden, get the fence up with a lockable gate and forget it and get your house on the market.

Have I missed something? Principles are one thing but if it's going to affect you selling your home then for the sake of the size of the piece of land I think you are talking about at the front, I would forget it.

sheramber

While you don't want an unmarked boundary at the front, a buyer may be quite happy with that arrangement.

Or are you just peeved by what he has done? 

I have lived in a house  with no mark boundary between front gardens.

Bendy_House

Section62 said:

And if the neighbour does ask for ongoing permission to use the OP's garden for access then the OP is within their rights to say 'no', and would have no greater obligation to declare that as a 'dispute' than if the neighbour was claiming droit du seigneur.

Googles frantically.

Oh... :-)

Bendy_House

Sorting out the rear boundary fence is surely a priority, as others have said.

Multiple reasons; it'll rebalance the 'power' level betwixt them both. It will demonstrate to the neighb that their seeming 'bullying' can only go so far before backfiring. It could well force them to some level of humility or contrition since they'll understand their misguided 'right' to access their garden via the OP's has been lost - that'll be a biggie for them. And it should simply reinstate the situation along that rear border to what it should be; 'no access without permission, and only for essential maintenance/repair work that cannot be carried out any other way'. That'll be a written and detailed request, outlining the exact nature of the works, and its planned duration, thank you very much. Oh, and an assurance that all is returned to perfect condition afterwards.

"Now, about this driveway border..."

BrainDrained

Bendy_House said:

Sorting out the rear boundary fence is surely a priority, as others have said.

Multiple reasons; it'll rebalance the 'power' level betwixt them both. It will demonstrate to the neighb that their seeming 'bullying' can only go so far before backfiring. It could well force them to some level of humility or contrition since they'll understand their misguided 'right' to access their garden via the OP's has been lost - that'll be a biggie for them. And it should simply reinstate the situation along that rear border to what it should be; 'no access without permission, and only for essential maintenance/repair work that cannot be carried out any other way'. That'll be a written and detailed request, outlining the exact nature of the works, and its planned duration, thank you very much. Oh, and an assurance that all is returned to perfect condition afterwards.

"Now, about this driveway border..."

Sorry but had to smile to myself at the "essential maintenance/repair work"

They have a window (at least it's obscure glass) in the side of the extension that borders/overlooks my property - put in in breach of planning regs by the previous owner, but I gather I can no longer object since it was done many years before I took possession (I inherited the house from my father)

I suppose I have to let their window cleaner onto my property to clean it?  He would have to come onto my driveway to access it.  Unfortunately the window is in the wrong position for me to erect any sort of fence/gate across the side of the drive nearest the road as it would either create an eyesore for me, or obstruct access to my own front door.  And I can't even put a gate across the entrance to the drive with this gaping wide open space between us where the hedge used to be.

Is it reasonable of me to say that cleaning a window, a five minute job every month or so, isn't "essential maintenance"?

Yes I know this is petty but that's how I'm feeling at the moment.

The shrubs for the hedge at the back have been ordered, and I'm googling local fencing companies to ask for quotes.  This fence will extend from the back of his extension, perpendicular to it, towards the gates into my back garden.  It will stop him getting to his rear fence via my garden, but I can't physically stop him coming onto my driveway.

BrainDrained

sheramber said:

While you don't want an unmarked boundary at the front, a buyer may be quite happy with that arrangement.

Or are you just peeved by what he has done? 

I have lived in a house  with no mark boundary between front gardens.

I'm peeved that he has removed a perfectly good mature hedge without asking, or apparently considering the consequences. 

I am peeved that what probably seemed like a "tidying up" action on his part has escalated into a boundary dispute.  The roots of the hedge were approximately in the middle of the cleared area - I wouldn't like to say for certain whether in the middle or slightly towards his side, but definitely not immediately adjacent to my driveway.  Surely the person who planted the hedge would have put it a lot nearer to the edge of my drive if that's where the boundary was supposed to be?
(Might also add here his LR plan shows the boundary as a straight line, whereas my driveway is very slightly curved away from his property as it gets nearer the road, so the boundary can't be the edge of my drive.  It would leave me a strip of earth about 4 inches wide at the edge of the pavement which is clearly nonsense. )

I am peeved that this open area gives his child free rein to romp all over my front garden.  Three year olds need to know what boundaries are.  
I am peeved that visitors to his property have parked right up to the edge of his drive (deliberately: there was plenty of room further away from it) and had to use my driveway to get out of the car.
I know this sounds petty and I know most people would be able to ignore it but I'm on the autistic spectrum and these sort of actions really upset me.

I am peeved that he also removed several mature shrubs and small ornamental trees from his back garden, though I accept this is something I have absolutely no control over.  (I don't like what he has done but it's absolutely not my business, other than the lack of privacy it created.) I wouldn't call myself a tree-hugger but I do hate to see trees cut down. It ought to be a criminal offence to cut down a tree for no good reason, even if there is no TPO on it.

Ms_Chocaholic

Onto the driveway is a completely different matter than into your rear garden beyond the (locked) gate that you are getting installed - is that right?

BrainDrained

Ms_Chocaholic said:

Onto the driveway is a completely different matter than into your rear garden beyond the (locked) gate that you are getting installed - is that right?

Yes - He has to come down the drive to get into my rear garden and then through it and over his fence into his.  I can stop him getting in the garden part by erecting a new fence across the bottom of the driveway (there's already a wrought iron gate there that I can put a chain round - the side away from the house has a low brick wall on the other side.  That part of the garden is higher than the driveway.  The new fence is to extend the height of the wall.)
I can't stop him coming down the driveway itself.  That's what prompted the comment about the window cleaner. 

There's also the issue of the 11 inches or so alongside his extension wall that is "his" - and which he ought to maintain.  He has told me he intends to.  It's a rather overgrown flower bed at the moment so I'm not exactly sure how that's going to work (!).  

Bendy_House

BrainDrained said:

Sorry but had to smile to myself at the "essential maintenance/repair work"

They have a window (at least it's obscure glass) in the side of the extension that borders/overlooks my property - put in in breach of planning regs by the previous owner, but I gather I can no longer object since it was done many years before I took possession (I inherited the house from my father)

I suppose I have to let their window cleaner onto my property to clean it?

The shrubs for the hedge at the back have been ordered, and I'm googling local fencing companies to ask for quotes.  This fence will extend from the back of his extension, perpendicular to it, towards the gates into my back garden.  It will stop him getting to his rear fence via my garden, but I can't physically stop him coming onto my driveway.

Is this window an opener. If it is, then it can be cleaned from the inside. If it isn't, then I guess it comes down to what is considered a reasonable cleaning regime. Or even if 'cleaning' is the same as 'maintenance'? I mean, lack of cleaning doesn't actually cause the window to deteriorate...

How often do you clean the outside of your windows? Mine were last done, ooh, I literally cannot remember - it was that many years ago. Their window is obscure glass, so any external dirt would barely - if at all - be noticeable. I think I'd be inclined to not allow access for the cleaning of a window that doesn't actually affect them at all. I'd like to see their argument for this being 'essential maintenance'.

Oh, and make darned sure you act instantly should there be any suggestion that this window is being replaced with clear glass. And, if it currently isn't an opener, then ditto should they try and alter this - report it instantly as a planning breach.

I don't follow the layout from your description, but provided you have a suitable fence and/or hedge put into place that'll prevent them from accessing your rear garden without advance justification and permission, job done. And their 'justification' will become darned hard to come by.

Norman_Castle

BrainDrained said:

sheramber said:

While you don't want an unmarked boundary at the front, a buyer may be quite happy with that arrangement.

Or are you just peeved by what he has done? 

I have lived in a house  with no mark boundary between front gardens.

Surely the person who planted the hedge would have put it a lot nearer to the edge of my drive if that's where the boundary was supposed to be?
(Might also add here his LR plan shows the boundary as a straight line, whereas my driveway is very slightly curved away from his property as it gets nearer the road, so the boundary can't be the edge of my drive.  It would leave me a strip of earth about 4 inches wide at the edge of the pavement which is clearly nonsense. )

I am peeved that this open area gives his child free rein to romp all over my front garden.  Three year olds need to know what boundaries are.  
I am peeved that visitors to his property have parked right up to the edge of his drive (deliberately: there was plenty of room further away from it) and had to use my driveway to get out of the car.
I know this sounds petty and I know most people would be able to ignore it but I'm on the autistic spectrum and these sort of actions really upset me.

How old are the driveways? Its very possible the hedge was there first and the drives have been laid or relaid around it making them a very poor definition of where the boundary is.

Ask him to stop his child and visitors from trespassing on your property explaining he he doesn't tell them you will.

Ask the window cleaner to stop using your land to clean the window. Apologise and explain the situation to him.

Its only petty if your neighbour had respect for you. Most would consider your response to his behaviour an understandable reaction.

Choose whether fight or flight is your goal. If you plan on selling a tidy and tall rear fence and ignoring the minor trespass at the front would be best for you.