DIYnot
Local | Network
   DIYnot > Forums
Local | Network
DIYnot Network Local DIYnot Network Local  
  Forum IndexForum Index     RulesRules    HelpHelp     Join FREERegister Free     About CookiesCookies     SearchSearch     LoginLogin 

Next door neighbour..the escalation by mondyman

Goto page 1, 2, 3  Next
 
Post new topic   Reply to topic    DIYnot.com Forum Index > In the Garden
Search this topic :: View previous topic :: View next topic  
Author Message
mondyman

from United Kingdom

Joined: 09 Jul 2005
Posts: 72
Location: Cardiff,
United Kingdom

PostPosted: Mon Jan 26, 2009 8:56 am Reply with quote

Well it seems like total war has been declared by next door since i complained to him about the water draining onto my lawn through his illegal run off pipes...

He's torn down his old , battered privet hedge fence at the back of the garden after some horses got into his garden ( Lol me and the wife were watching in the bedroom window and couldn't stop laughing while he was trying to push them out with a sweeping brush ( only about 7 horses ! lol )

Anyway....all his old blocks , concrete foundation pillars etc he has dumped behind my garden wall and he has also extended his garden on my corner to add in a gate which technically exits partially onto my land as if you look in the pictures the concrete bollards are where the old boundary fence was.
He's lived here for 20 years so he knows where the original boundaries are...check out these photos...

heres his original privet hedge...
Login to view this image


heres his new ok corral fence ! and fly tipping







if you can see the concrete bollard about 5 ft high in the midle of the pictures thats where the original fence was when the houses were built..
Also you can see the 3ft extension hes added to his garden to put in a side exiting gate.
Theres a concrete bollard approx 5 ft in most pics behind my wall , thats where the original boundary fence used to run
Ive spoken to the farmer as i see him regularly and he's served 14 days verbal notice on them of flytipping etc ....
I'm just wondering if i should just take all these pictures to a solicitor or my house insurance legal side and put it in their hands as ive had enough...
Let me know what u think..ur advice is much appreciated...

Cheers mondy


ps ..theres a huge pile of rubble about 20 foot further along that the farmer put there ages ago , he coul dhave put it all there but he didn't...or the council dump takes rubble free and is 2 miles away...but he didnt...
heres 2 i took earlier today just to work out what xtra land he has taken ( the farmer asked me to for him to view )



Last edited by mondyman on Mon Jan 26, 2009 2:55 pm, edited 1 time in total
Back to top
 Alert Moderators

If you do not want to see this advert, click here to login or if you are new click here to join free.
morrik27

from United Kingdom

Joined: 10 Jul 2007
Posts: 214
Location: Cambridgeshire,
United Kingdom

PostPosted: Mon Jan 26, 2009 9:41 am Reply with quote

Looking at your new pics, it looks like the bloke wall at the end of your garden is a couplr of feet inside you boundary...is that right?

Also i take it he's not changed or solved your original water problem?
Back to top
 Alert Moderators
mondyman

from United Kingdom

Joined: 09 Jul 2005
Posts: 72
Location: Cardiff,
United Kingdom

PostPosted: Mon Jan 26, 2009 2:41 pm Reply with quote

yep his gate is approx 18 inches inside my boundary and the rest is the farmers land he has extended his fence onto....

ive put all th epictures ive taken over the last few months onto a disk with a letter for the farmer in case it needs to go further whether it be by me or the farmer or both of us.

i just cannot see how he could win if this goes to court....he has either fly tipped on my land or the farmers land....stolen land from the farmer to extend his garden and also uses my old boundary to put his garden gate onto !!!
Back to top
 Alert Moderators
Thermo

from United Kingdom

Joined: 21 Oct 2004
Posts: 9982
Location: Sussex,
United Kingdom
Thanked: 148 times

PostPosted: Mon Jan 26, 2009 3:59 pm Reply with quote

for the worry it is probably causing you, and for the cos of an initial appointment with a solicitor i would say go and speak to one. If your solicitor charges you 100 to write a letter and tell you where you stand, it will be worth it.
Back to top
 Alert Moderators
noseall

from United Kingdom

Joined: 02 Feb 2006
Posts: 19677
Location: Staffordshire,
United Kingdom
Thanked: 1149 times

PostPosted: Mon Jan 26, 2009 4:59 pm Reply with quote

you are doing the right thing. photographs and written letters are the way to go.
Back to top
 Alert Moderators
pantsmachine

from United Kingdom

Joined: 03 Jun 2005
Posts: 169
Location: Aberdeen,
United Kingdom
Thanked: 1 time

PostPosted: Tue Jan 27, 2009 8:20 am Reply with quote

This guys an idiot with no regard for others. A shame he is fertile and managed to continue another generation. Solicitor time, the faster the better.
Back to top
 Alert Moderators
dark_stranger

from United Kingdom

Joined: 09 Jun 2005
Posts: 71
Location: Kent,
United Kingdom

PostPosted: Mon Feb 16, 2009 11:03 pm Reply with quote

I had a mate who put up some fencing that encroached on to someone elses boundary, long & short of it, it cost my mate about 15k in damages. I would take the legal route as not only will it annoy the mean old bar-steward next door, but also increase your retirement fund icon_biggrin.gif
Back to top
 Alert Moderators
breezer

from United Kingdom

Joined: 03 Jan 2003
Posts: 23328
Location: Sussex,
United Kingdom
Thanked: 27 times

PostPosted: Thu Feb 26, 2009 10:39 pm Reply with quote

just wondered how is it going?
Back to top
 Alert Moderators
mowerman2

from United Kingdom

Joined: 14 Mar 2009
Posts: 6
Location: United Kingdom

PostPosted: Sat Mar 14, 2009 9:08 pm Reply with quote

This will not be the answer you are looking for but be assured it will help your cause.
DO NOT at this stage go down the legal route. When solicitors are given boundary dispute instructions they go positively orgasmic at the fees prospect. And you'll not recover all your costs.
You have done the right thing in taking photos. Your next step- however difficult- is to go and see your neighbour with your complaint and try to resolve your differences amicably. After your meeting write to him in a friendly tone setting out what your understanding of the discussions were and what you agreed. If he fails to respond or act on what was agreed then write again expressing your disappointment that he has not cooperated. If after a couple of weeks there is still no action then write again politely but in a more formal manner indicating your reluctance to go down the legal route but his inaction may force your hand.
If all this fails only then present your case to a solicitor being certain to instruct them to do no more than write one letter to your neighbour and not proceed further without your approval.
IF the case has to go to court the judge will want to see that you have acted reasonably throughout and not incurred unecessary costs. If the case is allocated to 'small claims' you will not recover any of your costs unless you can prove conclusively that your neighbour has acted both recklessly and wholly unreasonably.
Boundary disputes can and do take on a life of their own and costs can quickly escalate out of all proportion.
Back to top
 Alert Moderators
ColJack

from United Kingdom

Joined: 16 Feb 2007
Posts: 11773
Location: West Midlands,
United Kingdom
Thanked: 408 times

PostPosted: Sat Mar 14, 2009 11:31 pm Reply with quote

he doesn't have a boundary dispute, the farmer does.. it's not his land that the neighbour is encroaching onto..
he does however have a right of way issue with the neighbour using part of his property to exit his own..

what I would do just to be prissy is to take the rubble he's dumped on your land ( not the farmers land, just that inside your boundary ) and place it back on his land..

then re-instate the original fence to the concrete posts.. with a return to your side fence...

or build a small block wall to the original boundary and put some conifers in the planting bed that you create..
Back to top
 Alert Moderators
Markymilarky

from United Kingdom

Joined: 23 Nov 2008
Posts: 75
Location: Plymouth,
United Kingdom

PostPosted: Sun Jun 14, 2009 8:08 am Reply with quote

Hi Coljack,
Sounds like a real wind up for you. Just wanted to say best of luck, hope it's resolved soon. Try and resisist the instinctive reaction to leap over the fence and cave his head in. It's stress full when some a**hole who has deliberatly done something to p*** you off creates a situation that can easilly escalate to something much darker.
I wish you all the best. If your get angry paranoid anxious etc about the situation seek some help early on. mark
Back to top
 Alert Moderators
mondyman

from United Kingdom

Joined: 09 Jul 2005
Posts: 72
Location: Cardiff,
United Kingdom

PostPosted: Sun Aug 28, 2011 10:56 pm Reply with quote

If you read through the previous post we have some pretty ignorant neighbours but we've let things lie a few times and occasionally had words with them...We havn't spoken for years now and that suits me and the wife fine.

It's been real quiet for the last few years since their children left no pounding music , no revving cars etc...and now over the last 2 months they have erected this freaking monstrosity on the top part of their garden... icon_eek.gif

Well obviously we've complained to the council( on may 29th just as they started building ) and they had to apply for retro planning application but they still carried on building till it was completed ! and we have an objection letter which we have to fill in over the next 2 weeks ( so do neighbours on both sides of them !!! ) so i'm not alone...

I'll post some pics and leave you guys to decide what you think.....if they'd bothered to come around and just Talk about it then we would have suggested just lowering the top of their garden by 3 foot so the decking wouldn't be higher then my roof when they are standing on it . !!!!! anyway take a look...it's bloody sad what we have to live with... icon_cry.gif

here's the pics...


from bedroom window....back of house



same again from bedrom




wife showing scale of height of decking against our fence



side wiews of decking side fence




view from bottom of our garden




Just to be clear i have no problem with the neighbours in improving their garden , if they had lowered their top section this decking would look great , as it is now it is a huge intrusion of privacy ( they can see DOWN into our bedroom and our hallway ) .

Anyway i'd like to hear people's opinions be they good or bad for the form we have to fill out for the planning officer....im going to include the photo's too.

Thanks for taking the time to look , sorry it's such a big post

Cheers Mondy


Last edited by mondyman on Sun Aug 28, 2011 11:17 pm, edited 1 time in total
Back to top
 Alert Moderators
big-all

from United Kingdom

Joined: 12 Jul 2004
Posts: 13613
Location: Surrey,
United Kingdom
Thanked: 874 times

PostPosted: Sun Aug 28, 2011 11:06 pm Reply with quote

you need planning for any platform that is higher than 300mm above the grounds it covers
it must be the normal natural highest point the height is taken from
Back to top
 Alert Moderators
mondyman

from United Kingdom

Joined: 09 Jul 2005
Posts: 72
Location: Cardiff,
United Kingdom

PostPosted: Sun Aug 28, 2011 11:14 pm Reply with quote

they've applied for retrospective , we have an appointment to view the plans with the planning officer on thursday and lodge our written objections then , do you think it's worth me including the photo's in as well m8 ?
Cheers m8
Back to top
 Alert Moderators
big-all

from United Kingdom

Joined: 12 Jul 2004
Posts: 13613
Location: Surrey,
United Kingdom
Thanked: 874 times

PostPosted: Sun Aug 28, 2011 11:21 pm Reply with quote

mondyman wrote:
they've applied for retrospective , we have an appointment to view the plans with the planning officer on thursday and lodge our written objections then , do you think it's worth me including the photo's in as well m8 ?
Cheers m8


include everything assuming they are higher than the 300mm by so much they will not get planning as you are objecting
you have no privacy

also remember to object to the fence being greater than 6f7 or 2 m above the area they cover
Back to top
 Alert Moderators
Search this topic :: View previous topic :: View next topic  
Post new topic   Reply to topic    DIYnot.com Forum Index > In the Garden All times are GMT
Goto page 1, 2, 3  Next
Page 1 of 3

 
Jump to:  
You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot vote in polls in this forum
Similar Topics   Replies   Views   Posted 
Next door neighbour draining surface water into my garden 27 11820 Wed Jan 21, 2009 6:18 pm
Decking on top on conrete...door threshold too low? 9 260 Wed Apr 04, 2012 12:29 pm
help - conifer next door 16 760 Sun Nov 20, 2011 7:08 pm
self closing gate/door 8 160 Mon Aug 20, 2012 10:47 am
Next Door neighbours tree 3 220 Tue Apr 08, 2014 7:39 pm


 
DIYnot
Find an Expert | Find a Supplier | Search DIYnot.com
Network | Advertising | Newsletter
DIY | DIY How To | @home | DIY Wiki | DIY Forum
By using this site you agree to our Terms of Service / Disclaimer.
Please read our Privacy Policy. Copyright © 2000-2014 DIYnot Limited.