AAAHHH Its the neighbours again!!

[lisap]

We seem to have various disputes with the neighbours. Every time theres a new one, she brings up all the old problems, that we thought were resolved, again!! Its really getting ridiculous. I am coming to you all for help! Does any one know where i can find the laws on the following issues:
1) How many years can a fence can be up before it is accepted as the boundary or accepted as there to stay!! ? (shes moaning about 1/2inch over hang of the fence post in relation to the down pipe, which is 4 inch and the post is 5!)
2)(In areas where there is no fencing just plants) She thinks, as the plant grows in her garden she can trim the shape she wants all over. I think any of the plant on our side of the boundary should be maintained by us. (hence i want it six foot she keeps cutting it to three!!)
3) we know we have responsibility for the north side boundary of the property but she maintains she is responsible for the boundary at the front despite it being the north side(!?)
4) they have a play house, one on legs so higher then 6 ft. One window is facing our property and it is on the boundary line. We haven't ever moaned about this to them but would like to know the law!
5) We have trees (mainly silver birch)which are not on her boundary (Our garden is three times the length of hers and they are on last third) and she says they block her light .

Please, please help me I know you are all brill at finding this kind of stuff.
4
We just want all the laws in writing so i can make her a booklet!!!
Thanks from a very stressed out person

 

[2scoops0406]

Sounds like it's got messy, you need a solicitor (unfortunately). Get it all in writing, get it agreed, then agree to hate each other, then get on with the rest of your life, sad but true.

 

[lisap]

I can agree to hate her but would prefer not to go the solicitor route. The husband agrees with us its just the wifethat gets her knickers in a twist! She is obviously one of those women who brings up every thing her husband has done in his past life just if he forgets to put his shoes away!

 

[2scoops0406]

Have you / could you try a concilliatory meeting in say the local, early is better. Try to talk it through like adults, or is it too far gone ? Be prepared to give and take, keep talking, most people are usually resonable, even if initially they seem hostile. Could help, will also help your house sale in the future.

Must admit I'm really lucky, my neighbours are great.

 

[comms]

http://www.gardenlaw.co.uk/phpBB2/index.php

Loads of info about boundary / garden law.

 

[JohnE]

I sympathise. Had a lot of experience with this sort of thing. I wont bore you with my saga but it involves my elderly mother who lives next door to 2 "women" who take great delight in cutting down my mothers boundary trees. They have even come onto my mother's property to do it! They even uproot new plants well inside her own garden. When my mother tried to stop them they attacked her in her own garden. And before you ask, no, our dear boys in blue weren't interested!

Anyway, to answer your queries:

1. 12 years is the length of time for the fence to be there before it is a permanent boundary.

2. Difficult. If it is growing on in her garden she can do what she likes unless your deeds say different. If your deeds say you have responsibility for your side then she cannot touch it (but then again who is going to stop her)!

3. Again, if your deeds say you are responsible then she is wrong.

4. It should not be on the boundary line.

5. People to not have a right to light. She can only complain about hedges which are over 2 metres in height. Incidently the definition of a hedge is 3 or more individual plantings. Two or less (ie a single tree) do not constitute a hedge.

As with all the above you can be in the right but it doesn't make any difference. Your neighbours can ignore the law and do whatever they want unless you are prepared to take out an injunction, which is very costly. I know what you are going through and appreciate your frustration but boundary disputes are a nightmare which are rarely solved.

 

[lisap]

It seems to have all gone quiet again now!! I just want to to be prepared for the next time!! We have decided if they want to call solicitors in they can because we have always done every thing the right way. At the end of the day if the husband gives permission, then he can sort out the wife!! I think they would be laughed at by a legal team.
The funny thing is when we were out gardening today she has attempted to prop up some screening (that stuff on a roll) to sort out her privacy issue. The thing is its only five foot high, its not pinned up with anything and, as she has put it behind her hedge, she has made a big hole the the hedge ( when she squeezed through) we can now see through!!! Ha Ha!
I think I have come to the conclusion some people just are not happy with anything others do. It must be jealousy! The prime example is that she moaned when we put some fence up at the end of her garden saying it blocked light (unfortunately our garden goes alongside and behind hers) and when we took it down, she moaned we could see in!!
Women!! ( I am a woman but detest this type that do nothing, know nothing but think they are experts in everything!!)

 

[roccodelucca]

We seem to have various disputes with the neighbours. Every time theres a new one, she brings up all the old problems, that we thought were resolved, again!! Its really getting ridiculous. I am coming to you all for help! Does any one know where i can find the laws on the following issues:
1) How many years can a fence can be up before it is accepted as the boundary or accepted as there to stay!! ? (shes moaning about 1/2inch over hang of the fence post in relation to the down pipe, which is 4 inch and the post is 5!)
2)(In areas where there is no fencing just plants) She thinks, as the plant grows in her garden she can trim the shape she wants all over. I think any of the plant on our side of the boundary should be maintained by us. (hence i want it six foot she keeps cutting it to three!!)
3) we know we have responsibility for the north side boundary of the property but she maintains she is responsible for the boundary at the front despite it being the north side(!?)
4) they have a play house, one on legs so higher then 6 ft. One window is facing our property and it is on the boundary line. We haven't ever moaned about this to them but would like to know the law!
5) We have trees (mainly silver birch)which are not on her boundary (Our garden is three times the length of hers and they are on last third) and she says they block her light .

Please, please help me I know you are all brill at finding this kind of stuff.
4
We just want all the laws in writing so i can make her a booklet!!!
Thanks from a very stressed out person

Hi Lisap, you will find everything you need here, they are brilliant, been a member for years giving help and assistance;

http://www.nfh.org.uk/forums/index.php

She sound as though she is being extremely petty, if she is cutting plants on your side of the garden well this is quite simply criminal damage and a solicitors letter should put a stop to it but be careful as this can get to be quite expensive, another alternative is the police, give them a call and explain the problem, she must be tresspassing to cut these plants on your side that is another approach you can take, I repeat, if the shrubs/bushes are on your land it is criminal damage and tresspass.
It really is up to her to prove the fence is not the boundary and that could become really expensive for her to prove, should be on her deeds.
The boundary is not marked by a downpipe it is simply down to the plumber or roofer as to where he decides to put it, but definitely does not legally depict the boundary.

The legal maximum height of a fence is 6 foot 6 inches from ground level (ground level can always be raised), ahem.
Legal maximum height of an Evergreen hedge again is 6 foot 6 inches from ground level.
Maximum height of a deciduous hedge - there is not one.

 

[JohnE]

As stated above the police are not interested in this tyope of thing. My mother's neighbours came into her garden and cut down 3 laurel bushes and a tree on her land. Even though the neighbours admitted it the police refused to arrest them for criminal damage. If it's a neighbour dispute they wash their hands of it.

 

[WabbitPoo]

As stated above the police are not interested in this tyope of thing. My mother's neighbours came into her garden and cut down 3 laurel bushes and a tree on her land. Even though the neighbours admitted it the police refused to arrest them for criminal damage. If it's a neighbour dispute they wash their hands of it.

Probably because trespass is not a criminal offence (bizarrely) so they'd rather not get involved, even if there was some damage too (which IS an offence).

 

[roccodelucca]

In a situation such as this it may not be a bad idea for your mum to insist on seeing an inspector in relation to this matter. It is criminal damage and it is trespass which is a civil offence it is not something that they can ignore, their behaviour is totally unacceptable, it is all very easy to walk away from an issue such as this but it really is something that needs to go further, speak to the CAB, your mum is entitled to a free half hour of legal advice, do take advantage of this.
A private prosecution is always an option and you may find a solicitors letter is enough for them to cease with their behaviour but the CAB needs to be her first port of call.
Wonder how they would feel if you simply walked into their garden and started chopping down their shrubs.

 

[gardeners26]

Not too sure that a perminant boundary is created after 12 years. A fence does not define a boundary-I have it in writing from the Land Registry following a dispute with my council. The true bounday is defined by either the LR drawings or your title deeds but a pencil line on a drawing equates to several inches on the ground so if you,re arguing over an inch then forget it!
Over trivial disputes do NOT involve a solicitor,the costs will be dissproportional and unrecoverable even if you,re proved right. And solisitors love to perpetuate neighbour dispute cases. My advise? From experience do whatever YOU want forcing the neighbour to initiate the legal action at her expense!

 

[JohnE]

Thanks roccodelucca but of course even though the trees and shrubs are 3 feet inside my mother's garden, and her side of a 6 foot fence, the 2 "women" simply tell the police that it is on their land, even though the fence has been their 20 years and is the boundary. The police then are involved in what they see as a boundary disput and they simply wont get involved.

It's a difficulty situation because solicitors cost a lot of money. If these "women" were sent a solicitors letter it would simply goad them to persecute my mother even more. These women are very odd especially as they are the scum of the earth yet the area is a very affluent, middle class area of Bristol. Yet these women are able to live in a £280,000, 3 bed bungalow on benefit! Would love to catch them working as I'm sure they do.

The CAB idea might be worth a look.

 

[Stupidmia]

You must have similar neighbours to us.....we live in a 200k+ house in a otherwise quiet residential area. The neighbours (mother and daughter) both live on beneftis....their house and gardens are an eyesore.....there's absolutely no talking/reasoning with them.
They never have any visitors at all....from what we have heard via a couple of foul mouth hysterical arguments they have had, she also has two sons and grandchildren who she doesn't see (obviously disowned her)....the way she screams at her daughter/partner in crime (she says she is lazy, she can't stand her and wants her to leave!)

We just need to get away from them.

 

[roccodelucca]

Hi Stupidmia, it certainly is a problem, my advice initially would be to move ASAP.
We lived next to similar morons for 5 years but were able to impact significantly on their lives.

What I have done I would emphasise was purely retaltion to their moronic anti-social behaviour and the fact that they have bullied 3 previous neighbours to the point where they have had to move - all 3 were single women - this time they tried to pick on the wrong person and it has cost them dearly - very dearly.

1. Blocked off their rear access completely.
2. Stopped their overflow parking completely.
3. 6'6" fence with hawthorne hedge in front to give us privacy completely.
4. Stopped their moronic kids playing on the land to the rear of our house some 1.5 acres completely, it had been their playground for some 10 years.
5. Recently arranged 1 months notice to quit a building they have had for 8 years.

To cap it all he has left her @ 40 for a 22year old.
His business is in a state of collapse and up for sale, his ex' has lost her job as a result.

We have moved on and do not even give them a thought from day to day.

Was it worth it all ? Well I have a degree of satisfaction in the results achieved.
Would I go through it all again - Definitely not - I would have moved.

We have now moved and been away some 3 months and love it, excellent neighbours, no barking dogs or unruly brats, it is so quiet here, wish we had moved some 4 years 11 months ago.

My Advice once again - MOVE - you cannot educate morons .
If you decide to move do some research into the area you wish to move to, speak to folk, newsagents, post offices, if you can find any and better again - the local police, I have found all more than helpful and willing to advise if you approach it the right way.

If you decide to stay - get cctv, available from £25 also a dictaphone available from around £30 and watch and wait and wait and wait if you really can be bothered, one day you will catch them out but ask yourself the question.
Is it really worth it ?
I have done it all and can assure you - MOST DEFINITELY NOT.

Good luck whatever you decide...