Neighbour dispute

pinkerton_angel

Mine and my neighbour’s houses have been in our families since they were built. I now own my house, he presumably owns his parents house since they passed, he doesn’t live there, nobody does. He put the house up for sale but it’s in a very poor state of repair and no-one wanted it.

I advised him that I would be replacing the fence between us to something much more sturdy and nicer looking (currently a crappy wire thing with a small bit of hedge at one end straddling both gardens). He said this was a great idea and could I also get a quote for him to continue the same fence around the side of his property and that he was happy for them to access his property. I said I’d have to cut back his overhanging branches etc from his plants that had been planted on the boundary and asked him what we should do with the hedge and his words were “it’s your hedge, do what you like with it”. Some weeks later I said that I thought we might share the hedge and he said his nephew was currently staying at the house (he isn’t) and he would ask him what he wanted to do with it. he didn’t respond any further.

On the day of installation I told him they were coming to install it and they would be measuring up for him, he said that was great and thanked me, then he said his nephew would like to keep the hedge. By this time my fence guy had reviewed it and I told him that a large chunk of the trunk and some roots were on my side so that would have to come out and they would be cutting it back as necessary to get the fence in but leave as much as possible. He read it, didn’t respond.

2 days later he knocked on my door to tell me he wasn’t happy and that the hedge had been cut too much. I explained they’d had to cut over my boundary as he was aware but he started getting aggressive and saying that it was criminal damage and they’d trespassed on his property (they hadn’t). He said it had to be put right and he would get a quote. I reminded him he hadn’t wanted the hedge but he said that was irrelevant. I told him the hedge would grow back, again irrelevant.

He had someone in the garden tonight examining it, he reckons he’s been told that part of it has died due to it being cut (I don’t think it has but getting that verified) and the guy said the whole thing would have to be dug up and replanted as mature hedge involving diggers and all sorts (this was a very small hedge to start with)

So now he’s threatening all sorts.

I reminded him in return that he’d painted the back of my fence at the front of the property, that I hadn’t given permission and it looked horrendous. He laughed in my face and told me he could do whatever he wanted with his side of the fence (which I know isn’t true) and told’put it in writing’

I have substantial photographic and video evidence of before, after and independent expert evaluations saying the hedge will grow back, probably better. I have messages advising him of what was happening all the way along.

I am just astounded that he’s now reacting like this. He’s not a keen gardener or anything of ghd sort. His house and garden is going to rack and ruin and is all hugely overgrown and unkempt. Party why I wanted a nice sturdy fence so I didn’t have to see it anymore, plus his ‘shed’ roof kept falling in my garden.

He’s threatening all sorts now and it’s really upset me.
I know the rules on cutting to the boundary etc. it’s my boundary and the fence is actually slightly over in his favour to take account of this hedge.

I get the impression he’s planning on going ahead with the work to excavate and replant and will then just present me with the bill.

Any advice on what I should do now?

Baldytyke88

You seem like you know the rules, don't argue with him and don't pay his bill.

Okell

https://forums.moneysavingexpert.com/discussion/6680614/neighbour-dispute

This isn't a Consumer Rights question, it's to do with property.

You should be asking on the House Buying Renting and Selling board - House buying, renting & selling — MoneySavingExpert Forum

Alternatively try Legal Beagles - Housing, Property and Neighbours - LegalBeagles Forum

FlorayG

What does he actually want from you?

If he's demanding the price of a replacement hedge I would suggest you wait until the workmen turn up, show them your evidence and gently suggest that they may end up not getting paid at all...see how they respond

GrumpyDil

He can present the bill all he likes, unless you agree to pay it or a court orders you to pay it then you won't be paying it.

Do you have household legal cover as if you do, I would suggest talking to them to help allay your concerns.

Brie

While we all know there are 2 sides to every story what you are relating makes you sound completely rational and like you were doing your best to be a good neighbour and he has not. I'd suggest not engaging with him and that if he tries to force the issue keep your phone to hand so you can film any arguments or any unneighbourly activity.

And I'll move this just in case others have opinions to add.

daveyjp

What to do now? Absolutely nothing. Let him have the anxiety.

WIAWSNB

https://forums.moneysavingexpert.com/discussion/6680614/neighbour-dispute

Hi P Angel.

As others have said.

If you do have LegProt, then call them up and explain the situation in concise, factual and non-emotive terms. At the moment, you only want their guidance on what to do if they again threaten - or actually carry out - the damage/work they are threatening.

Well done for having a good record of the 'before' conditions, and - if you haven't already got CCTV in place - for £25 (eg Imou on eBay) I would strongly suggest it. Set the camera up conspicuously to cover the boundary hedge and fence, but at below top level so it cannot overlook.

Then… relax. It's weird that he's gone from seemingly reasonable to bonkers, but that's some folk. You remain calm, measured, and matter-of-fact. Don't get drawn into any side-issues such as the state of his garden; this is purely about the boundary hedge/fence, and what can, and can not, be done with it.

Q - are your houses detached or semi/terraced? For the latter, it should be 100% unambiguous where the true boundary lies, to the half-inch. For 'detached', there may be some uncertainty, so more care needs to be taken - but that applies to him as much as you. Once you have your CCTV camera up, it should record any future conversations, so be 100% rational and unemotive.

So, in any future conversation, make it clear what has taken place, that you were entitled to do so, and that you have been assured that any cut-back will regrow better than before. Recorded. As hopefully will be his irrational response.

Just add that if he removes and replants a hedge, that's entirely on him. Add that you have £50k of LP, and that - of course - you will defend yourself against any erroneous claim.

Dustyevsky

https://forums.moneysavingexpert.com/discussion/comment/82111853#Comment_82111853

Baffling? It's either some form of mental illness, or deliberate gaslighting. Neither is easy to deal with, so the best strategy is probably minimal engagement.

The OP has knowledge, evidence, and rationality. Thus far, the neighbour has word salad.

It's upsetting, but calling this person's bluff means disengaging and seeing if the matter quietly fades away without the food of conflict. In most cases threats don't materialise. A court is not easily fooled and reaching one isn't as easy as many imagine.

Section62

https://forums.moneysavingexpert.com/discussion/comment/82111750#Comment_82111750

Q - are your houses detached or semi/terraced? For the latter, it should be 100% unambiguous where the true boundary lies, to the half-inch.

It is fairly common that the front and rear garden boundaries start near the centreline of the party wall, but I wouldn't say it is ever '100% unambiguous'.

There's no legal reason why the garden boundaries have to align with the party wall of the two houses, they can be offset by any amount someone once decided was sensible, and/or wiggle around a bit along the frontage if circumstances required.

For one of the more obvious cases, the recent thread about a shared passageway was an example of where you might expect the boundary to align with the middle of the two houses, but in practice one of the two owned the whole of the passageway and front path leading up to it.

WIAWSNB

https://forums.moneysavingexpert.com/discussion/comment/82111908#Comment_82111908

Fair do's.

Q - are your houses detached or semi/terraced? For the latter, it should be 100% unambiguous where the true boundary lies, to the half-inch, if the deeds map also shows a straight boundary line emanating from the join.

Otherwise it's only 99% unambig.