Open plan on deeds..... fence erecting?
Discussion
M12MTR said:
Honestly- I paid for extra brown wooden fence slats - screwed them on to cover the green and let it go.
I didn't want any tension / disputes with the neighbour.
In hindsight - since he's continued to be an ar5e - yes I should have taken it down then.
Nothing to stop you tearing down your fence at the rear? Or am I missing something I didn't want any tension / disputes with the neighbour.
In hindsight - since he's continued to be an ar5e - yes I should have taken it down then.
M12MTR said:
No I'm not going to go knocking. No point and outcome may not be please.
'If' he erects a front fence I'm thinking it will be 'just on his boundary side' like the driveway fence - which this new fence would connect to.
So legally no challenge - unless deeds as said before.
Therefore for me to pre-empt may be premature.
I'll wait and see. Then decide my course of action.
Hold on you said he’s dug up x inches of your turf plus you posted a pic with a red line of where the boundary is. 'If' he erects a front fence I'm thinking it will be 'just on his boundary side' like the driveway fence - which this new fence would connect to.
So legally no challenge - unless deeds as said before.
Therefore for me to pre-empt may be premature.
I'll wait and see. Then decide my course of action.
Given the trench is right on the boundary how do you think it will be on “hi land and not on the boundry?
M12MTR said:
No I'm not going to go knocking. No point and outcome may not be please.
'If' he erects a front fence I'm thinking it will be 'just on his boundary side' like the driveway fence - which this new fence would connect to.
So legally no challenge - unless deeds as said before.
Therefore for me to pre-empt may be premature.
I'll wait and see. Then decide my course of action.
You seem to be continually ignoring the fact that he has destroyed part of your lawn'If' he erects a front fence I'm thinking it will be 'just on his boundary side' like the driveway fence - which this new fence would connect to.
So legally no challenge - unless deeds as said before.
Therefore for me to pre-empt may be premature.
I'll wait and see. Then decide my course of action.
dickymint said:
I'm a gambling man and I'd give odds on that one of two things will happen here.
1. Nothing.
2. OP gets involved and pays out thousands to a solicitor and gets virtually nothing.
Option 1 = loss of face
Option 2 = loss of money
Option 3 from what exists so far a very nice fence fitted at zero cost to him and it will be done when he is not present plus it means he will not have to see his annoying neighbour again. 1. Nothing.
2. OP gets involved and pays out thousands to a solicitor and gets virtually nothing.
Option 1 = loss of face
Option 2 = loss of money
M12MTR said:
Very pedantic Welshbeef.
Yes his front lawn overlaps the boundary by 8" or so. And yes 'his' lawn touches my concrete driveway. These are some attributes of open plan developments.
And technically yes he has dug up a narrow strip of 'my' turf.
But no I'm not going to let that create an incident. Let's see what he does. Then I decide.
I'm a fair person. But if he p1sses me off I will show my hand and retaliate ...... on my terms. But it wouldn't be sensible for me to strike first.
Sorry for all the popcorn eaters at the moment - keep some for tomorrow. Lol.
Pedantic?Yes his front lawn overlaps the boundary by 8" or so. And yes 'his' lawn touches my concrete driveway. These are some attributes of open plan developments.
And technically yes he has dug up a narrow strip of 'my' turf.
But no I'm not going to let that create an incident. Let's see what he does. Then I decide.
I'm a fair person. But if he p1sses me off I will show my hand and retaliate ...... on my terms. But it wouldn't be sensible for me to strike first.
Sorry for all the popcorn eaters at the moment - keep some for tomorrow. Lol.
He either has or hasn’t
You state the fence on the side of the house and rear is all on his side with obly the posts every 8 foot or so jabbing into your plot.
You’ve stated + logically if he continues the fence it would be inline with the fence where it is so it will be on his land.
I don’t get the retaliate bit? I know some people in such circumstances literally dig big holes on their side of the fence at the post level which will cause the fence to fall others sledge hammer to take it down or others the legal way which will be a long time costly and may not get he outcome you want or expect.
Once it’s up it’s up and and moving it after that would devestate relations those 12 years you have known him will be torn to pieces
M12MTR said:
Thanks dickymint.
Had a quick read. When it says 'build' at boundary does this include a fence?
If it does he has failed twice already - possibly a third - so has he broken the law?
Also there is no 'party wall' boundary in my scenario. And the front plans don't show any T to say who owns the boundary as it is open plan on the front.
Put bluntly if I wanted to build a single story extension I could go right up to the boundary. However if the neighbour wanted to do the same then a party wall act would be needed. Had a quick read. When it says 'build' at boundary does this include a fence?
If it does he has failed twice already - possibly a third - so has he broken the law?
Also there is no 'party wall' boundary in my scenario. And the front plans don't show any T to say who owns the boundary as it is open plan on the front.
OP. PM me your title number and I can look at the title and surrounding titles. As I said before, don't accept what people are saying here about covenants if they haven't seen the deeds and the covenants in question. A scheme of development covenant is binding on all on the estate and action can be taken by any one beneficiary.
I found this out the hard way with a n experienced property lawyer who didn't understand this type of covenant and thought we were safe. This is why I am now extremely choosy about my solicitors. (My team buys about 30 sites per annum, I review every title and every contract, so I have some experience)
I found this out the hard way with a n experienced property lawyer who didn't understand this type of covenant and thought we were safe. This is why I am now extremely choosy about my solicitors. (My team buys about 30 sites per annum, I review every title and every contract, so I have some experience)
LaurasOtherHalf said:
dickymint said:
LaurasOtherHalf said:
Well a fence isn't a party wall for starters.
You sure about that?blueg33 said:
OP. PM me your title number and I can look at the title and surrounding titles. As I said before, don't accept what people are saying here about covenants if they haven't seen the deeds and the covenants in question. A scheme of development covenant is binding on all on the estate and action can be taken by any one beneficiary.
I found this out the hard way with a n experienced property lawyer who didn't understand this type of covenant and thought we were safe. This is why I am now extremely choosy about my solicitors. (My team buys about 30 sites per annum, I review every title and every contract, so I have some experience)
Hi blue. Are restrictive covenants similarly enforceable? Several are flouted here but I have heard mixed feedback as to whether they are worth anything after the developer has moved on. Thanks. I found this out the hard way with a n experienced property lawyer who didn't understand this type of covenant and thought we were safe. This is why I am now extremely choosy about my solicitors. (My team buys about 30 sites per annum, I review every title and every contract, so I have some experience)
dickymint said:
LaurasOtherHalf said:
dickymint said:
LaurasOtherHalf said:
Well a fence isn't a party wall for starters.
You sure about that?
no worries. But a wooden fence can't be covered by the party walls rule in any way that helps the OP unless I'm wrong?M12MTR said:
Thanks dickymint.
Had a quick read. When it says 'build' at boundary does this include a fence?
If it does he has failed twice already - possibly a third - so has he broken the law?
Also there is no 'party wall' boundary in my scenario. And the front plans don't show any T to say who owns the boundary as it is open plan on the front.
As mentioned before, wooden fences aren't party walls. Also there's no criminal penalties for not complying with the party wall act, only civil remedies for damage caused.Had a quick read. When it says 'build' at boundary does this include a fence?
If it does he has failed twice already - possibly a third - so has he broken the law?
Also there is no 'party wall' boundary in my scenario. And the front plans don't show any T to say who owns the boundary as it is open plan on the front.
I just noticed that your neighbor was in education, if he was a teacher that explains everything!
Years of talking down to pupils and having "power" over them and now just a bitter old man that sees you with a bloody Porsche at 45 and all he has to look forward to is a piss soaked chair looking out the sunny window but you are even spoiling that by washing your Hitler wagon in HIS view!
Years of talking down to pupils and having "power" over them and now just a bitter old man that sees you with a bloody Porsche at 45 and all he has to look forward to is a piss soaked chair looking out the sunny window but you are even spoiling that by washing your Hitler wagon in HIS view!
Granfondo said:
I just noticed that your neighbor was in education, if he was a teacher that explains everything!
Years of talking down to pupils and having "power" over them and now just a bitter old man that sees you with a bloody Porsche at 45 and all he has to look forward to is a piss soaked chair looking out the sunny window but you are even spoiling that by washing your Hitler wagon in HIS view!
You say that I say he’s looking forward to a gold plated final salary pension. Years of talking down to pupils and having "power" over them and now just a bitter old man that sees you with a bloody Porsche at 45 and all he has to look forward to is a piss soaked chair looking out the sunny window but you are even spoiling that by washing your Hitler wagon in HIS view!
OP go forth and buy an AMG Hammer C63 507 wagon
M12MTR said:
Granfondo said:
I just noticed that your neighbor was in education, if he was a teacher that explains everything!
Years of talking down to pupils and having "power" over them and now just a bitter old man that sees you with a bloody Porsche at 45 and all he has to look forward to is a piss soaked chair looking out the sunny window but you are even spoiling that by washing your Hitler wagon in HIS view!
Bingo!Years of talking down to pupils and having "power" over them and now just a bitter old man that sees you with a bloody Porsche at 45 and all he has to look forward to is a piss soaked chair looking out the sunny window but you are even spoiling that by washing your Hitler wagon in HIS view!
Gassing Station | Homes, Gardens and DIY | Top of Page | What's New | My Stuff