My neighbour doesn't want me to remove diseased trees on my land

Section62

ThisIsWeird said:

..."Why am I doing this? Because when I needed to cut down my trees, you made a bit of a nuisance of yourself, telling me I couldn't - that's why." Ideally record any such conversation - or even put it in writing to them if you have genuine concerns, depending on their reaction, for example - and make certain you have LP on your house insurance.

I'd skip the BIB, especially if the conversation is recorded (by either party).

It sounds like the fence is being put up as an act of revenge for the neighbour being difficult.

Assuming the OP is entitled to put up a fence (i.e. subject to PP and covenants - which need checking) I would simply say it is being done to permanently identify the boundary to reduce the risk of any uncertainty or disagreement in the future.

The 'no touch'/'no paint' can simply be explained that as the fence is the OP's property and they are responsible for it, they do not want the neighbour to interfere with it.  Simple as that.  The request/instruction doesn't need to be justified.

[Deleted User]

Hi,

almost impossible to get exact boundary line,

This rule provides that the Title Plan shall be deemed to indicate the general boundaries only, and that the exact line of the boundaries shall be left undetermined.

Taken from Land Registry.

mi-key

True points about exactly definining a boundary down to the inch. But, as the neighbour  has put his bit of string in place, that would indicate that that is where he believes the boundary to be, so if the OP is happy with that position ( it looks  roughly down the middle of the bit of land between the driveways ) I would go with that. Losing a couple of inches here or there makes no difference to the two properties anyway from what we have been shown.

As an olive branch, the OP could say to the neighbour 'I'm going to put a fence up instead of the trees so you get some privacy, is there any particular colour you would like your side painted?'

ThisIsWeird

Section62 said:

ThisIsWeird said:

..."Why am I doing this? Because when I needed to cut down my trees, you made a bit of a nuisance of yourself, telling me I couldn't - that's why." Ideally record any such conversation - or even put it in writing to them if you have genuine concerns, depending on their reaction, for example - and make certain you have LP on your house insurance.

I'd skip the BIB, especially if the conversation is recorded (by either party).

It sounds like the fence is being put up as an act of revenge for the neighbour being difficult.

Assuming the OP is entitled to put up a fence (i.e. subject to PP and covenants - which need checking) I would simply say it is being done to permanently identify the boundary to reduce the risk of any uncertainty or disagreement in the future.

The 'no touch'/'no paint' can simply be explained that as the fence is the OP's property and they are responsible for it, they do not want the neighbour to interfere with it.  Simple as that.  The request/instruction doesn't need to be justified.

Thanks - I agree. 

ThisIsWeird

frugalmacdugal said:

Hi,

almost impossible to get exact boundary line,

This rule provides that the Title Plan shall be deemed to indicate the general boundaries only, and that the exact line of the boundaries shall be left undetermined.

Taken from Land Registry.

Yes, boundaries can often be hard to determine accurately.

If this neighb won't agree or confirm the string line as being mutually acceptable, then I certainly wouldn't use it unless I was confident it was as accurate as can be determined. I'd also have some caution - be prepared to allow them an inch or so in such uncertain circumstances - but not more than that as that could lead to more difficulties later on. IE, I'd be happy to 'give' by an amount that I'm prepared to overlook. Give them 6", tho', and by the time they've planted up against your fence, they'll consider it theirs.

SpudGunPaul

35har1old said:

ThisIsWeird said:

mi-key said:

If you do put a fence up, make sure it is all totally on your side of the string ! About 6" would do, but just so he can't have any complaints about where it is or losing a few inches of his land.

Personally I would put a low box hedge in as it will look a lot nicer than a fence

Personally, I'd try and work out exactly where the boundary is - if it's along their length of string, then great. Then I'd put the posts with their away side touching that line - I'd be disinclined to give them a literal inch, let alone six.

I'd also be inclined to make it a solid fence, as anything that grows widthways is likely to remain a bone.

Do you mean putting the post on the line of the boundary and then attaching rails to attach the facing boards to face towards the garden with trees at present.
There may be a problem with ownership in the future as i think whatever side the post is on has ownership of fence also in future maintaining the fence may also be a issue in regard to staining our painting.
Keep all receipts and take plenty of photos during construction and hope he does not take any himself

A finished  brick wall 200mm both sides in finish brick would be the best bet

You think wrong, if the OP buys the fence it's their fence. 

GDB2222

Why are people so touchy about owning a fence? They are a liability rather than an asset, surely? 

Lbuk

I wouldn’t get too wrapped up in it. You described him as having a tantrum, which is quite dismissive.

He’s just bought a house and an extension is going up and trees down. 

You have no idea what the move and the house was supposed to mean for him, and just his usual luck but the nightmare neighbours (that’s you) are inflicting all this change and disruption on him.

Be kind. Yes you have all permissions but a little humanity wouldn’t hurt. You are the first aggressor after all.

Plus it sounds as if your family has been disturbing him in some way if he’s calling you dysfunctional.

ThisIsWeird

Lbuk said:

I wouldn’t get too wrapped up in it. You described him as having a tantrum, which is quite dismissive.

He’s just bought a house and an extension is going up and trees down. 

You have no idea what the move and the house was supposed to mean for him, and just his usual luck but the nightmare neighbours (that’s you) are inflicting all this change and disruption on him.

Be kind. Yes you have all permissions but a little humanity wouldn’t hurt. You are the first aggressor after all.

Plus it sounds as if your family has been disturbing him in some way if he’s calling you dysfunctional.

Perhaps worth reading the OP's OP again?

avantra

Thanks for the comments, next year will be 20 years in this forum, and it's always a source of valuable opinions.

Currently, and until the extension is up we don't intend on developing the drive; that's for the next phase, so we will leave this boundary as it is.
After another measurement, according to the famous string, the boundary structure is divided at 80% on our side.

To answer the comment of Lbuk, the neighbour moved in about two years ago and was friendly to start with; we even mentioned to him when they first moved that we plan to extend. At the time, he was okay with it; he said his dad was a builder and that he himself  'did up many houses in the past' and even intended to build an extension for himself.
He is an art lecturer, and I have a lot of respect for him and his work.
He turned all nasty when we asked his opinion about what shall go instead of the trees but was like it with other neighbours before us.
We are a quiet family, nothing special, we have a daughter with mild learning difficulties, and the extension is for her, but we can't see how her condition deserved his aggression and his remarks 

I hope that things will eventually settle in his mind and that he will treat his neighbours like grownups.
After exposing the ground, we saw the remains of some old wooden posts marking the boundary line, and it seems the neighbour used it as a guideline for his string.

If the neighbour wants a fence, he can put one up, but I doubt he would like the esthetics.