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The Pantomime of Our Fence!

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  • The Pantomime of Our Fence!

    One of our neighbours cut down some large trees she had had growing in her garden for at least 21 years (possibly 36 years). She then discovered the chain link fence attached to concrete posts on our land adjoining the boundary.



    The Title Deeds do state that it is her boundary but do not identify what exactly that boundary looks like. She is now claiming that the posts and fence are hers, depite the fact that the posts have always been on our side of the posts and the chain link is on her side. Fifteen years ago we had renewed the chain link which had gone rusty (replacing it exactly where it was previously attached) and the neighbour did not say a word. Now she is claiming that we have caused damage to her property, moved the location of the chain link from one side of the posts to the other (we have photographs from 21 years ago to show this is untrue), demanding the return of her fence, and is demanding the right to erect posts on our land between where the concrete posts have been for so many years.



    We have had a qualified Boundary Law solicitor reviewing all the documentation and sending letters to the neighbour, but, the "single, elderly lady, with ill health and limited funds' (her words) is claiming that we are in the wrong!!!! and that our newly erected wooden fence is on her land. She has gone so far as to send us a demand for rent of £20 per week for the land we are supposed to have acquired! When do we stop bashing our heads against a brick wall ?!!!!

  • #2
    Hi and welcome.

    Not sure if this will help but i have just bought my property and i rented it before this from my LA.

    When i recieved my boundary papers they didn't correspond with what i actually have, when i questioned this it was because my neighbour had built a conservatory some 13 years ago and moved the fence. After 12 years you can't ask for land back apparently.

    So you should be able to keep that as yours as it has been so long now.

    Hope that is right otherwise i was done when i purchased my house!

    Tracy.

    Comment


    • #3
      Hi Gremlyn,



      Welcome to the NFH in Britain Board



      How can you possibly have caused "damage to her property" with a chain link fence? Madness! Do you think that your neighbour is purely causing trouble to see if she can make any financial gains on your behalf?



      It seems it suited your Neighbour to have you replace the fence when it was convenient, for a new chain link perioidically and for some reason, something has sparked her off to challenge you over this.



      Definitely worth checking out what Tracy has said in her post, this may be the answer in your case?



      Anyway, please keep us posted about your case, very interesting, thanks for sharing it with us on the board

      Comment


      • #4
        ( Message amended 17th Dec)



        Hi Gremlyn



        Sorry to hear about the problems you are having and it sounds like your Neighbour is being very unreasonable in all this.



        Tracy is right I think about land being in your possession for 12 years on the basis of the possession of land akin to Squatters rights. However you should check this out and not take it for granted we are right ok?





        Please also be aware that boundary disputes are not only very complex and difficult to resolve but they can end up costing you the earth! So if you can avoid a Boundary dispute then avoid it like the plague!!!! At the end of the day Lawyers want to make as much money as they can.



        If your NFH insists on being ****** minded and difficult then let her go through all the hassle of consulting solicitors and wasting tons of money.

        If you get a letter from her solicitor and as you say she isnt wealthy and hasnt got tons of money to burn then take the letter with a pinch of salt and ignore it. She will have the hassle and expense of dragging things through the Courts not you. If she is stupid enough to do this then on her head be it. She will be very sorry in the end.





        My advice / guidance is to look under our section with the FREE Surveyors advice link and contact him as soon as possible - he is the expert on all these issues and we are not. He has helped a number of people on here. It wont cost you a bean as opposed to paying a specialist solicitor.



        Also you should try your local CAB too for free advice.



        I dont think she has a case myself.





        Best Wishes Angela

        Comment


        • #5
          My advice is to ignore her!!



          She is merely sabre rattling and looking to make an easy buck from you. Rent ...indeed!!!!!



          After 12 years of "harmonious" use of the garden boundary and you can prove that the fence has not moved position then she doesnt have a leg to stand on!!



          Dont even go there!! It will merely cost you unneccessary cash!!!



          The Horsefans

          "Take off and nuke the site from orbit- it's the only way to be sure!"



          apologies if you are an "Aliens" fan



          Posh Noodle - NOT for the likes of YOU!!

          Comment


          • #6
            Apologies I had to amend my reply above as I was not having a good day when I replied and when I looked back I could see I hadnt read through Gremlins story fully.





            Sorry!



            Angela

            Comment


            • #7
              Thanks for everyone's advice and support. The saga continues! We finally advised our solicitor to ignore the letters from our neighbour - this seemed fair as the neighbour then wrote and told our solicitor not to give her advice!! As she was not receiving replies to her rantings the neighbour then rang our solicitor, berated her for her lack of courtesy in not replying and again threatened to remove the fences which are on our land and belong to us. She also announced that two solicitors have viewed her Title Deeds and confirmed that she is in the right! But has she told them the whole story? We are finding it hard not to laugh too loudly at the behaviour of one of our more senior citizens but have reported the threats to the police just in case.



              We have been waiting for further contact from:-

              a.The Council Moderators who visited us on her behalf on 19th November, took our telephone number and disappeared

              b. Our local County Councillor who spent 45 minutes on the telephone to us on her behalf, said he would contact us again, and hasn't

              c.Our Local M.P. who (she says) finds the situation 'deplorable' and is 'working' on her behalf - hasn't been in touch at all



              We are also waiting notice from the County Court as she has announced she will be contacting them with regard to non-payment of rent and trespass!!! We're just letting her get on with it.

              Isn't life grand?

              Comment


              • #8
                Hi there



                Nice to hear from you again.



                Glad to see you are not playing her at her game.



                As before , probably her solicitor looking to make a few bob from an old lady with nothing to do and some spare cash behind her!!



                Dont go there!! it will merely waste you unecessary cash!!



                Horsefans

                "Take off and nuke the site from orbit- it's the only way to be sure!"



                apologies if you are an "Aliens" fan



                Posh Noodle - NOT for the likes of YOU!!

                Comment


                • #9
                  oh my life!!



                  sounds like she is A and B!



                  chase up every one who promised to contact you, you need to become a thorn in their sides sometimes before they take you seriously.



                  perhaps you should suggest she take up knitting! that will give her idle hands something to do!!

                  and you know what they say about idle hands and the devils work!





                  dont let 'em grind you down!

                  Comment


                  • #10
                    Further to my previous postings with regard to the 'boundary dispute' with our neighbour - Four letters from our County Councillor helped illustrate his total lack of sense- he 'acknowledges our views' regarding this dispute but does ' not necessarily agree with them'and also states that our neighbour does not agree with the views of our solicitor and that we are in the wrong in this matter! As he appeared unable to understand the basic law relating to boundary issues we contacted the County Council and requested that he be asked to cease contact with us. He then sent us a copy of the letter he sent to the Head of the Council! and enclosed a copy of an article from The Guardian relating to the financial implications of non-disclosure of disputes when selling property - as we are not planning to sell our property this was totally unnecessary and appeared an attempt to further blacken our name and character!

                    The neighbour sent further letters intimating that she was going to contact the Courts. We advised her that this was her best course of action as we would be happy to finally clear our names and end her campaign of libel, slander and harrassment. She then sent a further letter which 'suggested' that her best course of action appeared to be to 'purchase those parts of the fence' which did not belong to her - i.e. our fence on our land!!!! We suggested she refer to our previous correspondence.

                    More recently we have been approached by her adjoining neighbours who waved a copy of their Deeds and accused us of taking their land!! 'Our boundary steps out into your garden and those trees are on our land' We invited them round into our garden to see the reality of the situation - they had been reading the map wrongly !and had to accept that they were in the wrong. We have now erected a further six foot wooden fence so that they can't peer into our garden and we don't have to see them!

                    We're now heading off for a well-earned holiday away from the lot of them. Can't wait to see if a Court Summons is forthcoming!

                    Comment


                    • #11
                      Well done gremlyn. You're playing out the pantomime perfectly. Your posts tell me that you're keeping a cool head over this.



                      Let the NFH make all the running. If she says she's going to court she'll be spending tons of money on a solicitor. I think the solicitor will be able to advise her on the validity of her claim.
                      Now, these creatures are bringers of death and misery. They will never eat, they will never sleep, and they will never stop.



                      We are part of an ancient secret society. For three thousand years we have guarded the Cities and Towns. We are sworn at manhood to do any and all in our power to stop the NFH from ever being reborn into this world.




                      So what's the plan?



                      Rescue the damsel in distress, stop the bad guys, save the world.

                      Comment


                      • #12
                        I agree,



                        you are doing it by the book and keeping cool. I am glad the other neighbours had to back down



                        enjoy your holiday, hope you have lovely weather and peace and quiet!!

                        Comment


                        • #13
                          She then sent a further letter which 'suggested' that her best course of action appeared to be to 'purchase those parts of the fence' which did not belong to her - i.e. our fence on our land!!![/b]


                          Sounds like she is starting to realise she's on shaky ground



                          Have a great holiday



                          Misty
                          "Almost anything you do will seem insignificant, but it is very important that you do it. You must be the change that you wish to see in the world." Gandhi

                          Comment


                          • #14
                            We too have been accused of being NsFH but there can be good news!

                            We've just received notification from the County Constabulary informing us that they are not pursuing the NFH's claims against my husband for criminal damage, assault and disturbing the peace(!!!!!) as there isn't enough evidence!!!!

                            Her official statement claimed that we had chopped her 12 trees down by leaning over the fence onto her land (she only had four and chopped them down herself, with help from friends!all we did was trim her trees back to the boundary fence- we have photographs!) ; deliberately aimed an 8ft fence post at her and her grandson (i.e. threw back a fence post she was trying to place on our land and wouldn't remove. As they were unsighted over a 6ft fence it would be a miracle if they'd been hit); and caused a disturbance(i.e.proved legally that we have done nothing wrong and objected to what she was trying to do)

                            Now we've had notification from the police that we are considered 'innocent' (or not guilty enough to pursue ??) we can't wait to see what she gets up to.

                            Have a great summer.We certainly intend to!

                            Comment


                            • #15
                              That's good news gremlyn, that the Police aren't going to pursue the nfh's claims any further.



                              I bet the nfh's are peeved to high heaven about this. Keep your cool - you are dealing with this very well. Rockbank, I'm sure will post more about how you are progressing with your nfh. Slowly but surely you will get there.



                              You enjoy your garden, your home and the summer. Try to ignore the nfh as much as possible - live your life as "normally" as you can.



                              Great News

                              Comment

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