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  • Party Wall

    The neighbour and i have a party wall and last year while we were talking she informed me she was going to get a fence erected and even joked about putting a hatch in so we could still talk. I neither agreed or disagreed to her doing this but i did think it would stop her being noisy and constantly looking in my outhouse which joined with hers.



    The party wall is joined to the two houses and to the two outbuildings and her fence errectors put the posts in the middle of the party wall so when we fell out and she went away on holiday my husband and I erected a lapped fence as her fence had spaces and she could still see into our property. (I did not want to see into her property and as she is a nosey parker I did not want her watchng my every move either).



    The thing is we have heard her today threatening to smash the whole fence down and if she does do this she will remove our fence too as there was no room for us to install posts to attach our fence except in the middle so we attached latts to her end posts so that we had somewhere to pin the lapped fencing to.



    Could you tell me if there is anything that i can do if she does smash the whole fence down.



    Also on another note she has 12ft conifers in her front garden this time she is responsible for that boundary and she has chopped the trees on her side back so there is about a 2 metre gap so she can see into my garden but her conifers are also over growing my garden. I have asked permission to erect a fence so that there is no gap and i was wondering if i was allowed to trim the conifers back as if they are allowed to grow there will be no point errecting a fence as they push it down eventually.



    The guy next door was out playing with his young soon and his balloon went into our garden he jumped over the little wall (which is next to our gate so why he did not use that i don't know) and walked into the middle of our garden and picked it up (is this called tresspassing) as he did not even knock on the door to ask permission to get it.




  • #2
    I'm not too up on the party wall thing so I'll leave that for other members to answer



    As to the trespass, I recall reading somewhere that there is no actual law against trespass, but against any damage caused when trespassing. I' might be wrong, maybe other members can help with that as well.



    I know how frustrating it is when local kids think they can just walk onto your garden whenever they feel like!! But unless they cause any damage I don't think there's much you can do about it.



    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

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    • #3
      Hi Techbabe



      I'm not up on party wall legislation either.



      I would imagine that your nfh can not causeany damage to the fencing that you have put up as that would be criminal damage - perhaps other members could clarify that?



      In terms of the conifers at the front, if they are overhanging onto your property, then you have the right to prune them back to the boundary line. You must/should return the offending branches/ greenery to the owner (your nfh). I think that's right.



      As this is clearly bothering you at the moment, it may be worth your while booking an initial free consultation with a Solicitor. Make sure you have your deeds and other documentation ready for the appointment and a detailed list of all the questions you want answering.



      Good luck with it.

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      • #4
        Hi Techbabe,



        This sounds similar to the latest episode in my NFH saga. Trespass and damage has occurred. Check the Stupid Neighbours thread for an update.

        Currently I'm waiting on my solicitor to reply.



        Meanwhile stay calm and do not rise to any provocation.



        Cheers



        RockBank
        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.

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        • #5
          Sorry for not replying sooner.



          I got in touch with my solicitor who told me the nfh could remove her fence so long as she did not cause any damage to my fence. While she was removing her fence rather aggresively she did cause a little bit of damage to the fence and also to my trellis that was attached to the bottom half of the fence.



          My neighbour leaned over the party wall and knocked on my kitchen window i did not go to the door to see what see what she wanted. I then heard my telephone ringing and it was the nfh phoning me to tell me to remove my fence before it fell down ( I have since had my phone number changed). I telephoned the police as my husband had asked her to stop removing her fence and give us a chance to remove ours before she caused any damage informing her we would have our fence errected asap and would make sure it was not attached the party wall but she continued.



          When the police officers came out they went around to her house and instructed her it was a party wall and she kept saying it was her wall when they asked her who was responsible for the wall if any damage occured she said both of us therefore they told her it was a party wall they asked her to remove the fence post she errected so that it was on her side therefore giving me room to erect a post my self. They told me to allow her a few days to do this in the mean time it took us apporximately 3 days to errect a framework to put out fence back up the thing is my neighbour and her husband have put there fence back up and not bothered to remove the post in question.



          I dont really want to take her to civil court to get her to remove this post but i wish she would for once in her life take some notice of what she is being told and unfortunatly court is the only option as i don't think she would even take notice of a solicitors letter.

          Comment


          • #6
            Techbabe,



            My neighbour set about provoking me though a boundary; I would like to pass onto you the advice I was given.



            Clearly from your posting your neighbour is not the reasonable sort but I would advise you try not to rush into taking out civil action them. There are a number of pitfalls in this type of action. The first and foremost is that it can be very expensive. It goes without saying that whatever action you may decide to bring, your neighbour will contest it all. This is where the real hard work starts and it becomes very time consuming. At this moment in time there are literally thousands of civil actions involving boundaries in the courts. As I have said, most are expensive and time consuming.



            All disputes have to be declared if you decide to sell your property. This is being discussed in other postings labelled "Winemonkeys sitution" and Freakyfuns posting "Disclosing a dispute". It could be worth having a read of this postings.



            Unfortunately civil action is very easy to get into but very difficult to get out off. Once the door is open, both sides feel that to back down is to loose face.



            On a final note, please remember that if you took civil action against your neighbour and won you would still have to live next door to them, possibly for many years to come.



            As odious as these people maybe, it may be worth trying to go the extra mile and resolve this out of court, maybe a well worded letter or some sort of compromise. Which ever you decide to do I really wish you all the best and hope it all works out for you.



            Take care Kevin

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            • #7




              Can I just ask you if now that you have your fence put up, do you have decent privacy now?



              I was just wondering if it was worth your while bothering about the post your NFH hasnt bothered to take take down. Is it very offensive to the eye? if not i would try to forget about it. she probably left it there to wind you up, and is looking for a reaction from you. :sad:
              http://bestsmileys.com/sparkle/1.gif



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              • #8
                Techbabe,



                I'll pass on what my solicitor has said to me. They said that first and foremost you will need to show that you tried to resolve the dispute amicably without resorting to court action.



                If you went to court first, then your NFH could say that you were being deliberately provocative. If you engage a solicitor they should know this anyway and will point it out.



                Solicitor's letters can be very effective against NFH so don't write them off this early on. They'll at least know you mean business.



                Have you looked at your buildings insurance policy? This may cover you for cases such as these.
                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.

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