My lovely neighbour!

Joined
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Nottingham
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Bit long but bare with me.

A few months ago my neighbour started to act in an unreasonably sad manner by placing her 2 wheelie bins in such a position on our open plan drive so as to make it very difficult for my wife and I to exit our car when opening the doors. Basically she would move the bins around to match the varying position in which I parked the car, it was a bit like a sad game of chess. If I were to accidentally touch or move her bins when opening the doors, she would sneak out after I had gone, and finely adjust their positions to make it more awkward on my return. Now my drive is fairly long and I could park my car in a different place but why should I? I’ve been parking my car there for over 10 years so why should I change now?

What also annoyed her was that I would have to step on her part of the drive to get into my car whilst opening the driver’s door. This was almost unavoidable due to the narrowness of the drives but she believed I was trespassing on her property and she repeatedly told me so.

Now, I must admit that I found it all rather amusing trying to out wit her attempts to inconvenience me. Being rather agile, I was able to enter and exit my car 95% of the time albeit rather awkwardly. I was always careful not to touch her precious bins and I’m sure that my success only added to her annoyance. On one occasion she placed the bins in just the right position, so I had to do a bit of thinking if I was going to get in without any interference. I had a brainwave: I opened the passenger door, slipped off the hand break and pushed the car back down the drive a small distance. This allowed me access to the driver’s side so I promptly got in.

She was watching all this from her bedroom window so you can imagine her disappointment at my success. She just couldn’t contain her anger so she opened the bedroom window and proceeded to give me mouth full of the most colourful language I have heard in a long while (and I can tell you I’ve heard plenty in my time). I wasn’t going to lower myself to her level so I just grinned at her and told her to go back to sleep!. I got in my car and started to reverse out of the drive, however by this time my lovely neighbour had run out of the house still dressed in her nightie, and started banging on the car roof shouting that if I ever set foot on her drive again she would have me in court for trespass. This didn’t upset me, in fact I gained a quiet satisfaction in knowing that I had really upset her and ruined her day.

A few days after this incident, the wheelie bins disappeared and the situation calmed down. I thought that was the end of it. How wrong I was.

A few months later on returning from our two week holiday in Spain, I was greeted by the ugly sight of a gaudy green railing fence which had been erected during our absence. It has been professionally installed between the two properties, but I believe it encroaches on our boundary and I have spent quite some time trying to prove this is the case. It has not been easy; I have spoken to several solicitors who all agree that I first have to define my boundary without question. On the advice of one solicitor, I have purchased plans from the land registry of the two properties, only to find that they are useless (the scale is far too large with very little detail being shown).
I have been put off purchasing a copy of my deeds as I have been told by another solicitor, that the detail on these would be even less than those from the land registry!

I tried the builder who built the house 10 years ago, only to be told that they destroy any plans of properties over 5 years old.

The local council were less than helpful and told me she has every right to erect a fence as long it is less than a metre high.

It’s beginning to look as if my neighbour has had the last laugh and there is nothing I can do about this ugly excuse of a fence. Unless of course you know differently. All help, advice and support would be greatly appreciated.
 
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you should build a fence of your own where you beleave your boundery should be, you then ask her to remove the fence that she had build inside of yours. no probs :evil:
 
measure the halfway line between the drives and if the fence is on your half you can do one of two things either ring the council and tell them that the neighbour has built on your property without your permission or remove the fence and if she argues tell her it's on your property and therefore is your fence to do what you like with.
 
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I have posted about this possible situation previously .. No help here, but what a joke town Planning etc the council provides, already drawing their pensions before they start. ... waste of space, we pay for precisely nothing .. just their salaries.
... I cannot understand this business of 'near enough' boundaries, are the houses semi or terrace, ie. connected ? Could make it easier to find a line, then your word against hers I s'pose ..
Mind you, every time someone comes on here relating how they have won a little victory .. "gave someone a bad day" etc. rightly or wrongly they end up losing the war they have perpetuated ... guile is needed ie don't start a fight you may not be able to win.
P
 
How far is the encroachment? If it is obvious (say, a foot) then it is going to be pretty easy to show. But if it is something like, the poles are on her side but the railings overhang your side then you probably won't have much luck. If it stops you getting onto your drive then you might be able to use that.

What is the root cause of all this? I have to ask, you weren't parking so your car was slightly on her half of the drive were you? People get very posessive over those last few inches of territory! My parents' neighbours put up a small (18 inch high), thankfully tasteful, wooden fence because the previous owners were starting to encroach.

It could even be something silly like she noticed someone had opened their door onto her car, and she assumes it was when it was on the driveway. One of our secretaries swears blind that her car is hit on a regular basis because of other people reverse parking in our car park at work! :LOL: Bless 'er.
 
Surefire said:
she believed I was trespassing on her property and she repeatedly told me so.
If there isn't a boundary line then how come you're trespassing?
Surefire said:
She just couldn’t contain her anger so she opened the bedroom window and proceeded to give me mouth full of the most colourful language.

my lovely neighbour had run out of the house still dressed in her nightie, and started banging on the car roof shouting that if I ever set foot on her drive again she would have me in court for trespass.
I would've thought this would come under harassment, Thermo on here might know more about this.
Surefire said:
I have purchased plans from the land registry of the two properties, only to find that they are useless (the scale is far too large with very little detail being shown).
I have been put off purchasing a copy of my deeds as I have been told by another solicitor, that the detail on these would be even less than those from the land registry!
Don't be put off, cut a long story short my property used to have a alley way and over the years this was closed off so my neighbour & me don't own the fence. On my deeds there was no boundary line and my solicitor said either me or the neighbour can claim responsibility after living there for 6 years. As my neighbour was very eldery lady I decided it would be best I if I look after it and have the boundary line put on the deeds. ( I didn't even have to tell my neighbour about this!) Guess what, they sent me the drawing plan and asked me to put the boundary line with the measurement details on the plan to update the deeds. I'm very surprised that the solicitor's couldn't sort this out. If I were you I would pop down to your solicitor and claim it.
 
Hello Surefire. Although your neighbour was the one who put the fence up, who is actually responsible for the boundary on that side of your house? For instance, who owns the back garden fence on that side? If the up-keep of the boundary on that side of your property is her responsibility, then there may not be too much that can be done. If it's yours, I see no reason why you shouldn't be allowed to take the fence down again, especially if it is on your side of the border. This is just my reasoning though. The real law often doesn't seem to follow reason. If it turns out the fence is there to stay and there's nothing you can do about it, how about painting your side of it a colour that you like?

The trouble is that no matter what course is taken, you have to live with bad feeling between yourself and your neighbour. Not an ideal way of living if it could be avoided. Has it definitely gone beyond the, "Let's talk it over" stage?
 
B****cks to that, just run a chain-saw through it if it's wood or disc cutter if it's metal.
 
are these private or council

there may be somthing in the deeds about sharing the drives for foot accsess only
if there is no shared accses then they can put a fence on there side unless again there is something to say the fronts must be left open plan

just my opinion you understand

good luck you will need it :rolleyes:
 
Good point from big-all, if it's a share running then you cannot put a fence up, best to read your deeds.
 
Thanks for all the support chaps. To make things a little clearer I have taken some pictures which you can find here:

http://www.hvweb.co.uk/surefire/Fence 1.JPG
http://www.hvweb.co.uk/surefire/Fence 2.JPG

I believe the boundry is from the end of the garage, and you can see that the fence and the block paving seems to be to the left of that boundry so on my property by about half a brick. (they had the block paving done also but that was a couple of years ago) It is also annoying to see how they have dog legged the fence to gain extra inches at my expense.

The problem is that we're only taking inches here and I can't be exactly sure if the end of the garage is the boundry line.

P.S. These are private houses. I also checked if there are any covenants in force with the council, but there arn't any :cry:
 
Someone correct me if I'm wrong, but don't you have to disclose any disputes like this to any perspective buyer? You probably aren't selling at the moment (neither your neighbour) but this could cause problems for either party in the future if you continue to let the situation escalate.

There are never any winners in these situations (apart from solicitors obviously!)

Doesn't sound like the complete picture to me though... Bring on Judge Judy!
 
Yes you're right janitor, disputes have to be declared when selling. That is why I'm not storming round to their house demanding that the fence be removed, or getting solicitors involed officially until I'm sure of my position.

You are also correct in thinking that there have been other issues with our neighbours in the past and this is only the latest bout of several. I could write a book on the things that have happened in the past but now is not the time or place. I will admit that I have not behaved perfectly at times, but compared to the "next doors" we are angels!
 
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