Hoping someone can clarify

MeteredOut

OP, you'll get the best advice if you answer the questions that were asked when you first posted this.

A picture would help.

(I've suggested mods merge this with the previous post)

funnibunni

Gosh thankyou for all responses , 
the extension was built in 1988, we have planning permission documents & architects plans . I managed t9 track down our old neighbours son & had a chat with him ,he confirmed his mum had notification of planning & didn’t lodge any objections 
Our current neighbour has been there for 8 yrs & this was never a problem .. when she viewed the house ,put in offers, had surveys done etc etc  until she was told by the council to reduce the height of fencing at the front of the house .. since then we have been blamed for all sorts of things, they had a hardstanding put at the front ( not a drive as no drop kerb) & it was the company tho did this work who informed us about the fence …. A few months later this hard standing  was being dug up ..her mother then stood out side accusing us of report the original one for having tarmac “ not being porous  enough “ ….. in order to report a hardstanding for concerns about water etc coming on to your property you have to have evidence , videos or photos of the amount of water before they will even consider it .. he have nothing ,we didn’t complain so have no idea why they had it dug up , surely if it was wrong you go back to the original company & get them to redo it .. not pay someone else 

tacpot12

funnibunni said:

Gosh thankyou for all responses , 
the extension was built in 1988, we have planning permission documents & architects plans . I managed t9 track down our old neighbours son & had a chat with him ,he confirmed his mum had notification of planning & didn’t lodge any objections 
Our current neighbour has been there for 8 yrs & this was never a problem .. when she viewed the house ,put in offers, had surveys done etc etc  until she was told by the council to reduce the height of fencing at the front of the house .. since then we have been blamed for all sorts of things, they had a hardstanding put at the front ( not a drive as no drop kerb) & it was the company tho did this work who informed us about the fence …. A few months later this hard standing  was being dug up ..her mother then stood out side accusing us of report the original one for having tarmac “ not being porous  enough “ ….. in order to report a hardstanding for concerns about water etc coming on to your property you have to have evidence , videos or photos of the amount of water before they will even consider it .. he have nothing ,we didn’t complain so have no idea why they had it dug up , surely if it was wrong you go back to the original company & get them to redo it .. not pay someone else 

That's progress. Now we can see why the neighbour is acting maliciously. 

It's very difficult to prove a negative, i.e. it was not you that reported them to the council for the height of the fence or the hardstanding. 

It's a long shot, but your local councillor might be able to get you a letter from the council that confirms they are investigating these planning breeches due to a complaint made by someone who was not you or your husband. You might share this letter with the neighbour, who should accept that the council is not going to lie about such a matter, and neither would they produce such a letter unless there was quite a compelling reason to do so. 

If you are sympathetic to their difficulties, you might get them to be more open minded about who has reported them.

funnibunni

Thought I’d give a little update … we have been in touch with solicitors & surveyor , we advised to contact and request a copy of the survey she states she has had done & give this a time scale, we did this also stating information we have been given regarding how to measure for boundary line & that we were seeking a fair and amiable solution . we thought this would just be ignored but we did receive a reply stating that in state of wanting a solution they would “welcome” a 50% payment towards the cost of survey currently amounting to £1328.34. 

We were then accused that by giving a time scale they were subject to coercive pressure - there was no repercussions or ramifications if she chose to ignore the letter so no coercive pressure.
The constant discussions that are held outside of our window with various people pointing out how much rendering that they want chipped away, gutting that can be cut back etc are now boarding on harassment & we are in touch with police.
As regards the canopy , garage etc we are lucky enough to be in touch with previous owners who are not only prepared to write a statement with dates they purchased the property, what was in place on purchase but also think they still have photos from the listing then.
we have also managed to locate the listing from when the house next door was up for sale .. these show position of garage ,canopy, guttering etc meaning that they were aware of everything prior to purchase & nothing was a problem from their  view point or be a cause for concern in the survey they had done

as always I’m very open for any opinion or advice on moving forward…we have already said to police that we would be happy to go to mediation 

funnibunni

They bought property in 2017, there has been no issue until they had a “drive” put in , builder had all sorts of problems & we ended up filling 15+ watering cans for the builders as she refused them access to water,  the fencing between properties was to high according to local council regulations. It was actually the builders who informed me it was too high ..that they had told them but were met with ..don’t care it’s what we want , I called council for clarification..they were then told to reduce fence height ..it was done & we thought that was it .
next the drive was being dug up & we were accused of complaing that that tarmac was porous enough & we were worried about water run off .
1, I have no knowledge of tarmac & porous qualities 
2,when researching to see if you can even make this type of complaint you have to produce evidence …. Photos/ videos of water coming on to your property ….we don’t have that & wouldn’t have as there is a small wall between frontages anyway & there has never been an issue with run off from their property 

So in answer …yes it’s aimed at us personally , we are trying to sell & they have made malicious callers to estate agents ( I would have thought they would be delighted we were leaving) 

MobileSaver

funnibunni said:

I called council for clarification..they were then told to reduce fence height 

So it sounds like it was you who brought the too high fence to the notice of the council! 

Looking at this from the other side, you've been there for 20 years, your neighbour for 8 years and then you suddenly dob them in for having a too high fence; it's no wonder you're not their favourite people.

As you are selling and as I'm sure you already know, you have a legal obligation to inform prospective buyers of the neighbour dispute which is almost certainly going to affect the price you sell at. 

Smalltownhypocrite

Herzlos said:

funnibunni said:
the rear extension did cross the boundary line, had full planning permission & with the agreement of the then owners aunt who lived next door & had been there since the 1950s 

How far did it cross the boundary line? Are we talking about the building is to the line, but render/guttering overhangs, or is it further in?

Do you have written agreement of the owners aunt or evidence that it's been there since 1988?

Even regardless of historic written agreements, it was constructed in 1988 and has stood since... 37 years ago, well past the point of adverse possession.