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How can I make a neighbour dispute official?

I have posted on here elsewhere how our neighbour is stopping us getting a phone line. Briefly, we live in a barn conversion on an unadopted road, we applied for a BT phone line and BT said they would need to run the cable underground from the nearest pole to reach us. This means running along the road in front of our neighbour's house. BT say they will only dig up the road if they have written permission from the road owner, that is lost in the mist of time, so they have decided that the neighbour has to give permission for them to dig in his grass verge. I personally do not think the verge is his anyway as usually your property ends at your fence.

Anyway they asked him and the b*****d said no, he gave no reason, but refused several times. It would not impact on him at all, it would not cross his access to the house and he would not even see the work as he has a tall thick hedge in the way.

Open Reach have now, after 4 months of faffing about with this, asked him again and he has said he does not want BT digging up the verge as he has just put the house on the market and he does not want men working when people come to view. Fair enough, but he has not said why he refused 4 months ago when first asked.
He now says he will sign the wayleave when he has a buyer. I don't believe him. He has given no reason up to now and even if he does find a buyer it could take months or years to sell especially as it is so vastly overpriced.

I have decided that the best course of action is to be awkward and hope that he will realise he needs to sign the wayleave to stop me causing trouble and hindering his selling.

As far as I am concerned this whole episode is a neighbour dispute which should be recorded on the form you have to give to the buyer. I need to make this dispute official to show him that I plan to cause trouble. What do I have to do to make this official and hopefully force him to sign the form now and not in 2 years time?
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Comments

  • Jox
    Jox Posts: 1,651 Forumite
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    edited 4 July 2018 at 3:57PM
    Maybe tell him that you are looking for ways to make this official and it will make it difficult for him to sell as he will have to declare it and he might be persuaded to sign the form?
  • davidmcn
    davidmcn Posts: 23,596 Forumite
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    vet8 wrote: »
    As far as I am concerned this whole episode is a neighbour dispute which should be recorded on the form you have to give to the buyer.
    Doesn't sound like it to me. He's entitled to say no if he likes. Just because you'd like him to sign doesn't make it a "dispute", let alone one which a buyer would care about anyway.
  • Alter_ego
    Alter_ego Posts: 3,842 Forumite
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    Any neighbour dispute will have to be declared if you sell of course.
    I am not a cat (But my friend is)
  • Sea_Shell
    Sea_Shell Posts: 9,369 Forumite
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    Ah, but do you have to disclose an issue with an ex- neighbour?? Surely, it ceases to be pertinent, if said neighbour has then moved.
    How's it going, AKA, Nutwatch? - 12 month spends to date = 2.31% of current retirement "pot" (as at end March 2024)
  • vet8
    vet8 Posts: 877 Forumite
    davidmcn wrote: »
    Doesn't sound like it to me. He's entitled to say no if he likes. Just because you'd like him to sign doesn't make it a "dispute", let alone one which a buyer would care about anyway.
    I thought all problems between neighbours had to be recorded on that form, if he does not and I approach the new owner and say we were in dispute over the verge he could, in theory sue the seller for withholding information, or so I thought.
  • PasturesNew
    PasturesNew Posts: 70,698 Forumite
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    edited 4 July 2018 at 4:08PM
    vet8 wrote: »
    I personally do not think the verge is his anyway as usually your property ends at your fence.

    A wrong assumption to make. Property boundaries are where the paperwork says they are - often a verge outside of a fence is part of the property boundary.

    For £3 you can download his title deeds from the online Land Registry site, instantly and see for yourself what his says.
    I have decided that the best course of action is to be awkward and hope that he will realise he needs to sign the wayleave to stop me causing trouble and hindering his selling.
    Which is the wrong approach to take if he is right ... if he is right and it is his land, then so long as you are not denied rights given to you in your deeds for particular types of access to that land, then his "No" can be final.

    If it's his ... and there is nothing in the paperwork that gives you any rights to "dig up his garden" to create an ugly trench so you can get broadband, then that's the law. You can't go against the law if that's the case.

    You need to start by establishing, absolutely, what you can do that's legal, lawful and correct, not try to bully some poor innocent sap who is minding his own business...
  • seashore22
    seashore22 Posts: 1,443 Forumite
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    Sea_Shell wrote: »
    Ah, but do you have to disclose an issue with an ex- neighbour?? Surely, it ceases to be pertinent, if said neighbour has then moved.

    That's fine as far as it goes, but the op's purpose is to scupper a sale, so may have to live with this neighbour for longer than he would like. It's a reasonable possibility that the new neighbours will be nicer and sign whatever needs signing. I wouldn't be throwing an official dispute into the mix right now.
  • spadoosh
    spadoosh Posts: 8,732 Forumite
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    Its not a neighbour dispute.

    Its a neighbour trying to bully, threaten and harass someone in to doing something they dont have to do.

    Personally if you did any of the things you suggest i would be reporting you to the police for harassment.
  • PasturesNew
    PasturesNew Posts: 70,698 Forumite
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    vet8 wrote: »
    I thought all problems between neighbours had to be recorded on that form, if he does not and I approach the new owner and say we were in dispute over the verge he could, in theory sue the seller for withholding information, or so I thought.

    He's not in dispute though. You are.
    You're trying to generate and falsify a situation to blackmail somebody into you getting your own way.... that's not how it works.
  • Alter_ego
    Alter_ego Posts: 3,842 Forumite
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    spadoosh wrote: »

    Personally if you did any of the things you suggest i would be reporting you to the police for harassment.

    Then it would be a neighbour dispute!
    I am not a cat (But my friend is)
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