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  • help and advice

    hi everyone, i came across the site by chance and what a great site .I won't go into an essay as my little problem has been ongoing from 1998 intermittently.We moved into our house +3 children assuming we had okay neighbours -but they were on a fact finding mission (to gather any thing they could on us) The fence in our garden was 4ft high and dangerous -every gust of wind looked like it would flat pack .We asked our neighbour if he had any objections about it been replaced -as he had originally errected it .asked him if he minded it been 6ft - no objections just for it to be replaced exactly where the other had been .He wouldn't allow access on his property ,stopped work to measure and inspect -resulting in me asking what he wanted -a better fence ,put where he stated at no cost to him -just grumbled and said carry on .All was quiet (apart from a fall pipe issue 18mths to resolve as he owns his house we rent ours from the council+ noise our children were suppose to be making in the garden,insisting I'd done a texas chainsaw on his rose bushes which he never maintains -only thing i didn't do was give him his clippings back)Yesterday visit from the council -the bombshell wants to after 5 years move the fence 3 inch (its 19m long) the women from the council can't understand -neither can we .can anyone offer any advice -would be really greatful

    cheers dawn -wishing i had :banghead: a detached property

  • #2
    Hi Dawn,



    Thanks for sharing your story.



    So he's waited 5 years to tell you that he wants the fence moving?? It sounds as if he's been stewing over this for quite some time. Do you know if the fence is in the correct place? I'm wondering if he's been doing some investigating and had found these three inches? Even so, it still seems very pedantic after 5 years :badmood:



    And complaining about your children playing in their own back garden......surely he's just looking for an argument. I can't understand how anyone could be upset by the noise of children playing... :blink:



    You are completely within your rights to cut back his shrubs if they overhang your property (just give him back the cuttings next time). Just because he's not going to take care of his own garden, it doesn't mean that you have to suffer.



    Are the council saying that they agree with your neighbour about the position of the fence, or are they going to investigate further? Details of the boundary position are held at the land registry, but I would have thought that the council have already checked this out (?)



    BTW detached houses still have boundaries and still have their fair share of problems!



    :ban:



    Take care



    Blue Cow

    Comment


    • #3
      Hmmm . is it 3 inches his way or your way?



      Some suggestions (some more useful than others )



      * Offer to buy the 3 inch strip from him, its only 1.44 square meters of land - would cost less than £50 probably. Get the boundary plans changed at the land registry accordingly.



      * Tell him he can use the 3 inch strip whenever he wants - as long as he doesn't trespass or stand on your land when doing it.



      * If he had originally erected the fence, does that mean it was his boundary? If so, he can move it at his own expense as its not your responsibility.



      Because he did not complain initially, I don't think he has a leg to stand on.

      (I'm not a lawyer though ... )



      FF
      Howard:"You wanna be careful, before you know it you'll wake up in a bush singing songs about brooms"



      Vince:"You don't know anything about me. Do you know anything about me?"



      Howard:"I know...of you"



      Vince:"Yeah, well, if you knew me you'd know that I don't sing songs about brooms...I sing songs about love...

      Lovely lady with the eye

      Lovely lady with the eye

      You've only got one but it's a good one

      Lovely lady with the eye, the eye, the eye, the eye, the eye

      coming forward on a string, thats not normal, urgh

      Yeah! I'm in a band..."

      Comment


      • #4
        :angry:



        Grrr, I hate things like this.



        The stupid idiot, what's his problem? :badmood:



        You moved in 5 years ago - how long had the other fence been up before you moved in?



        If it was more than a certain number of years, the blimmin fool has no leg to stand on. Someone else here will know the timescale - I think it's about 10 years (someone will correct this! ).



        3 inches??? The fool, fancy causing all this problem over something so trivial.



        Is his property a right to buy? If so, there will have been deed plans drawn up when he purchased it from the Council. That will presumably show the boundary on it. Even if it isn't there must be deed plans somewhere for yours/his property.



        It's a very tricky one, given that the Council has overall responsibility for the property you rent, but you put the fence up, even though the original was the neighbour's one...I would have to say that you will probably need to seek legal advice in your own right on this as the fence is actually your property, even though the Council owns the land (or your neighbour). The Council's legal dept should also be involved with regard to the boundary line. I would get them involved as much as possible.



        Don't worry about what the 'women' from the Council said - they were presumably Housing Officers and will not have legal expertise in this field, nor would be likely to have come across problems like this very frequently. They really ought to have told you this and that they would refer it to their legal dept or at least their senior officer :huh: .



        Sorry, I am not that great at this. All I know is that boundaries are really awful to deal with - at least take heart that they take AGES to deal with so your fence will remain for some time yet (if not for always) . He is not allowed to touch it in any way in the meantime - if he does it's criminal damage and you should inform the police.



        Good luck & let us know how you are doing



        Mazza

        :nfh1:

        Comment


        • #5
          Hi Tazza



          Omg!! 3 inches? I could make some crude comment but I'll restrain myself!



          I think perhaps you should leave him to fight it out with the council but insist that any damage done to the fence which you installed, or any garden plants, should be made good.



          I take it your NFH isn't very bright, after all it's only taken him 5 years to decide on this!!



          Good luck



          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


          • #6
            Thanks to bluecow,freaky fun,mazza and mistyeyeddreamer,for all your great advice -your replies have placed a smile on my face todayapart from the times when i wished the old goat next door would instantly combust(no such luck).We've decided to see what the council come up with -don't know if original photo's of the fence will be of any use but we got those too before we replaced the fence-as you've mentioned it won't be an over night thing whether the fence stays or moves so i'll save the worrying for another day. Thanks once again i'll keep you updated on the 3 inch issue the fence not the old goats brain capacity

            cheers dawn

            Comment


            • #7
              Listen tazza,



              if you and me join brain power and forces at the same time, perhaps we can get our respective (evil) old goats combusted at the same time - the power of the mind n'all that??!! :hihi:



              Let us know how you get on!



              From: a fellow old goat rustler - grrrr :frown: :lol:

              Comment


              • #8
                Hi Tazza



                Good luck and keep us posted.



                In the meantime, happy evil goat hunting.



                ow:



                Blue Cow



                :ban:

                Comment


                • #9
                  Tazza,



                  Try not to worry about this. Your NFh is being petty, as most of them are.



                  Similar issues to this have been raised on the Gardenlaw website.



                  The bottom line is that if he wants you to move the fence then he'll have have to force you.



                  If you need to go into writing just point out what you've told us, that the NFh agreed to the position of the fence five years ago.



                  If the NFH wants you to move the fence he'll have to enter into legal moves to force you to do so.



                  This would cost him thousands of pounds.
                  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


                  • #10
                    Thanks Rockbank ,for your advice its reassuring to know its going to cost him .just want to keep ourselves to ourselves the one conselation is the neighbours on the other side are great .its the effect it has on the kids that worries me more than him being petty but the thought of it costing him might just work

                    cheers dawn :nfh1:

                    Comment


                    • #11
                      Just to add a quick post about photo's and things. There is software available that will take 3 or more photos of something taken from different angles and turn it into a detailed 3D model on a computer - you can measure exact positions of points on the photos, so could detect any movement in boundaries etc.



                      Plus its quite funky to play around with



                      A free trial copy is available at



                      http://www.photomodeler.com/index.html



                      Enjoy



                      FF
                      Howard:"You wanna be careful, before you know it you'll wake up in a bush singing songs about brooms"



                      Vince:"You don't know anything about me. Do you know anything about me?"



                      Howard:"I know...of you"



                      Vince:"Yeah, well, if you knew me you'd know that I don't sing songs about brooms...I sing songs about love...

                      Lovely lady with the eye

                      Lovely lady with the eye

                      You've only got one but it's a good one

                      Lovely lady with the eye, the eye, the eye, the eye, the eye

                      coming forward on a string, thats not normal, urgh

                      Yeah! I'm in a band..."

                      Comment


                      • #12
                        the thought of it costing him might just work



                        Exactly Tazza. All too often these NFH's say "We'll take you to court!" over this and that.



                        What they continually fail to realise is that;



                        a) There will always be another side to the story. Yours.

                        'b) To enter into legal proceedings will cost thousands.



                        I'm currently engaged in legal proceedings against my own NFH. I spoke to my solicitors today. They confirmed that if the matter proceeds to court, the court will want to see which parties have acted reasonably. Your NFH would have to demonstrate this. I think there's already enough evidence o your side to show that the NFH is not acting reasonably.



                        I may be getting ahead of the story here but from what you are saying I think your NFH is vindictive enough to send you a solicitors letter in due course in order to try and intimidate you into acting over the fence.



                        Don't be worried by this. His solicitor would have pointed out the cost of bringing a case to your NFH but most solicitors will agree to sending an initial letter just to see what your stance may be.



                        If or when it arrives, don't worry, come back here and we'll get a suitable reply drafted.
                        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


                        • #13
                          Welcome Tazza



                          The beauty of NFHiB is that there are members who know what you're going through and I hope their advice has helped you.



                          Wishing you all the very best.



                          Holly

                          Comment


                          • #14
                            Tazza



                            Typical nfh behaviour. Stew for a period of time (days, weeks, months or years) and then BLOW! :rant:



                            I echo what the others have said. The key to this issue lies in one work - reasonable. A nfh is not reasonable. How can you accurately move a fence 3 inches? Accurately being the key word - contours of the land can throw things so badly that 3ins becomes 2ins then back to 2.5 ins then 3 ins etc etc etc. Misty has already alluded to the fact that 3 ins is not an awful lot to play around with!!!



                            We are about to embark on legal action having tried all reasonable avenues, knowing that any response from nfh will be cr*p because we have done nowt wrong - they have. Let your nfh waste his money and see what happens. Keep calm and remember - they are unreaonable, you are not.



                            Mazza - think the time period you mentioned may be 12 years?



                            Good luck and keep us posted.



                            john
                            "You have to be the change you wish to see in the world"

                            Comment


                            • #15
                              hi tazza



                              I think the 12 year thing is right, I know that if you fence off council land and no one notices for 12 years then its yours!



                              ridiculaous though, 3" after 5 years! BAH!!!



                              utter nonense, your neighbour must be very bored to come up with stuff like that!!



                              the learning curve here is



                              always get agreements with your neighbours in writing!!



                              I hope other people who read this thread will get contracts with neighbours when on good terms so it cant come back and bite them on the bottom!



                              I am sorry this has happened to you tazza, real pain.....I can never understand people getting worked up by a little bit of boundry.....I mean what is he going to be able to do with an extra 3"???



                              (keep it clean please!!! :blush: )

                              Comment

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