Body & Soul3 mins ago
Garden/Boundry dispute?
35 Answers
We are having a neighbourly dispute,which seems to be escalating.Instead of me repeating myself,is ot ok if i give you a link to the problem,i have already asked elsewhere on another forum,and some of the replies.
I would be very grateful if anyone could offer any form of advice please.
Thanks for taking the time to read......
http://www.gardenlaw.co.uk/phpBB2/viewtopic.ph p?t=9910&start=0
I would be very grateful if anyone could offer any form of advice please.
Thanks for taking the time to read......
http://www.gardenlaw.co.uk/phpBB2/viewtopic.ph p?t=9910&start=0
Answers
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That's an interesting story, Lottie, and one that strengthens my argument for feeling that Adverse Possession is the legal mechanism to be using in Schmungo's case, not the Prescription Act. It is so fortunate for you that you had legal cover in place - and you will presumably be able to claim your costs against the other side (for the surveyor etc.)
When you say your neighbour will never give up, he will have to give up once the boundaries are determined using the LR process and the Title Plan re-done, because the new boundary will surely be based upon definitions that can't be argued about? - either distances from fixed objects like buildings, or permanent boundary features like walls?
When you say your neighbour will never give up, he will have to give up once the boundaries are determined using the LR process and the Title Plan re-done, because the new boundary will surely be based upon definitions that can't be argued about? - either distances from fixed objects like buildings, or permanent boundary features like walls?
Apparently buildersmate, as it involves altering his title plans as well there has to be agreement, so it will have to be through our solicitors because he will never agree. I should imagine at that point that his solicitor will advise him to comply. It's all such a nightmare. If and when we ever move I will make sure there are no neighbours within a mile. Thanks for your replies.
We went to our solicitor Thursday,and he said he was drawing up a letter which the neighbours should receive for Sataurday(they have not received yet).He keeps saying there is nothing to worry about.
But today,we have received a letter off the neighbours solicitor,staing the fence is theirs.Here is a e-maail i just wrote for our solicitor.....
[quote]Dear Mr.Wedge,
You keep saying not to bother,and take it easy in regards to our neighbourly dispute with 8 Greenfield Street.We do not feel that we can anymore.This afternoon,Mrs Sykes,personally bought round a letter from her solicitors.It says her solicitor has obtained a better gorund plan of the street from her deeds.This plan is easier to follow as it is scaled to 1:500,and prepared by Denbigh?Flint area.
It also states from this plan that the existing fence existing as the boundry line is in the incorrect position.They now request the fence to be removed from her land and re-sited to our own land.They will allow 2 weeks for this to happen or they will arrange for it to be removed and a new fence by them erected.
Also it states a further point they are pursing ,the title deeds of no.8 is the disputed Right Of Way.The only person allowed to use it is no.10,and the insist we stop using it,or the gate in our 2 gardens which leads to it.Also by the way,just this afternoon,we found her taking off the old blot to the fence and putting a lock on it,the mother has phoned the police,for putting a lock on the gate,and right now we are expecting them any time.
Can you offer more assisatnce.
Mrs. Yvonne [/quote]
Things are really getting bad now,any more advice please.
But today,we have received a letter off the neighbours solicitor,staing the fence is theirs.Here is a e-maail i just wrote for our solicitor.....
[quote]Dear Mr.Wedge,
You keep saying not to bother,and take it easy in regards to our neighbourly dispute with 8 Greenfield Street.We do not feel that we can anymore.This afternoon,Mrs Sykes,personally bought round a letter from her solicitors.It says her solicitor has obtained a better gorund plan of the street from her deeds.This plan is easier to follow as it is scaled to 1:500,and prepared by Denbigh?Flint area.
It also states from this plan that the existing fence existing as the boundry line is in the incorrect position.They now request the fence to be removed from her land and re-sited to our own land.They will allow 2 weeks for this to happen or they will arrange for it to be removed and a new fence by them erected.
Also it states a further point they are pursing ,the title deeds of no.8 is the disputed Right Of Way.The only person allowed to use it is no.10,and the insist we stop using it,or the gate in our 2 gardens which leads to it.Also by the way,just this afternoon,we found her taking off the old blot to the fence and putting a lock on it,the mother has phoned the police,for putting a lock on the gate,and right now we are expecting them any time.
Can you offer more assisatnce.
Mrs. Yvonne [/quote]
Things are really getting bad now,any more advice please.
Do nothing. The letter from your neighbours solicitor is a 'frightener'. They cannot remove the fence and replace it. It is in dispute and there will have to be court action before anything should be removed. If they remove it then they will be in trouble. By Monday your neighbours will have your solicitors letter.
Hopefully, the police have been by now and have instructed you.
I know how you must worry. We are on the second lot of 'you must take the fence down by 4.00pm two weeks from today'. We are ignoring these stupid letters. Don't forget a solicitor's will only be following the client's instructions, but I am surprised that they have said they will remove the fence if you don't do it yourselves.
Take care and try not to worry, although it's easier said than done. Go through the legal process. As I read somewhere, our worse problems are caused by being afraid of the 'law'!
You were absolutely right to call the police.
Please take photos of your garden fence as is now and photos of the gate. It is a shame you didn't take any photos of the gate before your neighbour changed things. Take loads of photos as evidence as to where everything is now, just in case they start to demolish things.
Hopefully, the police have been by now and have instructed you.
I know how you must worry. We are on the second lot of 'you must take the fence down by 4.00pm two weeks from today'. We are ignoring these stupid letters. Don't forget a solicitor's will only be following the client's instructions, but I am surprised that they have said they will remove the fence if you don't do it yourselves.
Take care and try not to worry, although it's easier said than done. Go through the legal process. As I read somewhere, our worse problems are caused by being afraid of the 'law'!
You were absolutely right to call the police.
Please take photos of your garden fence as is now and photos of the gate. It is a shame you didn't take any photos of the gate before your neighbour changed things. Take loads of photos as evidence as to where everything is now, just in case they start to demolish things.
MADE A MISTAKE.....
sorry no it is not A OFFICIAL SOLICITORS LETTER.It seems to have been written by the homeowner herself,stating what her solicitors have etc,and what she wants.I was woke up from bed(asleep,i work nights)so still half asleep,when i read,just took the mothers say so,ranting and raving about a letter from the solicitor,just read the letter,and took no notice of headings,sorry.
sorry no it is not A OFFICIAL SOLICITORS LETTER.It seems to have been written by the homeowner herself,stating what her solicitors have etc,and what she wants.I was woke up from bed(asleep,i work nights)so still half asleep,when i read,just took the mothers say so,ranting and raving about a letter from the solicitor,just read the letter,and took no notice of headings,sorry.
Sorry to keep harping on,now the neighbours have puts lots of patio slabs in front of the gate,to block entrance.Been out them to challenge them,said "unless they can provide all legal wriiten land regstry proof etc of non ROW etc they are not allowed to do this".Phoned solicitor up,he said to take some photos,see him again tomorrow.
The neighbours say " do not know what documents you have,but ours say the ROW is only for 8 & 10"ours say for 4-14,us being no.6.
The neighbour came back at me and said something like "do you know the size of your garden to the centimetre,we do",i said nothing i came in the house and they went in.
The neighbours say " do not know what documents you have,but ours say the ROW is only for 8 & 10"ours say for 4-14,us being no.6.
The neighbour came back at me and said something like "do you know the size of your garden to the centimetre,we do",i said nothing i came in the house and they went in.
If I was you I would only contact the solicitor and not confront them again. If they try to talk to you inform them that the matter is with your solicitor and any communications should go to them. Take the photos and stick with what your solicitor says. I know it is very difficult not to react. Let them see you taking the photographs!! You will worry them more by not reacting and they deserve to be worried.
When there is a boundary dispute it has to be settled before people start doing things to the boundary, blocking entrances, etc. Your neighbours could find themselves in an awful lot of bother.
When there is a boundary dispute it has to be settled before people start doing things to the boundary, blocking entrances, etc. Your neighbours could find themselves in an awful lot of bother.
On Wednesday 19th I posted twice in the afternoon - the second post sought to explain to you how the Land Registry get involved in determining boundaries that are in dispute.
It's a truism that the Title Plans or any other sort of normal plan that gets filed at the LR cannot determine the sort of small dimensions the crowd next door to you are trying the use to determine the boundary. At the end of the day, these cases have to go to some form of arbitrator who will use his professional surveying knowledge to 'decide'.
I am merely concerned for you that next-door bears the cost of undertaking this activity - since they are the one's not happy with the staus quo. Did you read LR Public Guide 19 I referred you to?
Lastly you now seem to have added something about Rights of Way. This didn't factor in your original post in Garden Law.
If you want further help from me, please comment on those 2 posts - updates on 'what the neighbours did next' aren't getting us any further forward.
It's a truism that the Title Plans or any other sort of normal plan that gets filed at the LR cannot determine the sort of small dimensions the crowd next door to you are trying the use to determine the boundary. At the end of the day, these cases have to go to some form of arbitrator who will use his professional surveying knowledge to 'decide'.
I am merely concerned for you that next-door bears the cost of undertaking this activity - since they are the one's not happy with the staus quo. Did you read LR Public Guide 19 I referred you to?
Lastly you now seem to have added something about Rights of Way. This didn't factor in your original post in Garden Law.
If you want further help from me, please comment on those 2 posts - updates on 'what the neighbours did next' aren't getting us any further forward.
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