Open plan on deeds..... fence erecting?
Discussion
Just read the thread. I had similar with a neighbour (in his 70s) tarmac-ing his drive onto mine because the previous owners nicked a couple inchs years ago. I let it wind me up more than it should. Mainly because he was wrong, and we fell out a bit over it. He died shorlty after, burst artery or something, due to stress maybe? I forgot about it all after that.
Anyhow your new fence so far looks decent and as long as it’s in a straight like give or take few inch, (not obviously strepped onto your land by a foot for eg) try to let it not wind you up. I’d be happy with that fence being there tbh.
Now the front part may or may not be on your land but so long as it’s only 1m high it won’t look too ridiculous. Any higher I would cut it shorter ASAP, before he thinks about taking pics since once it’s put up it may be criminal damage.
Live with a 1m fence and find another way to piss him off, your only doing it to make you feel better really. Horrible feeling being stressed especially with neighbours so this needs nipping in the bud.
Anyhow your new fence so far looks decent and as long as it’s in a straight like give or take few inch, (not obviously strepped onto your land by a foot for eg) try to let it not wind you up. I’d be happy with that fence being there tbh.
Now the front part may or may not be on your land but so long as it’s only 1m high it won’t look too ridiculous. Any higher I would cut it shorter ASAP, before he thinks about taking pics since once it’s put up it may be criminal damage.
Live with a 1m fence and find another way to piss him off, your only doing it to make you feel better really. Horrible feeling being stressed especially with neighbours so this needs nipping in the bud.
So far all the pics of what he has done previously and recently it’s really good work.
I’m struggling to see what issue if any is even worth pondering over.
Had my neighbour replaced my ruined old green fence with a new one and didn’t ask for 50:50 I’d be buying him beers and wine. Bloody good neightbour (well I’d ensure I paid 50:50 but that’s me).
I’m struggling to see what issue if any is even worth pondering over.
Had my neighbour replaced my ruined old green fence with a new one and didn’t ask for 50:50 I’d be buying him beers and wine. Bloody good neightbour (well I’d ensure I paid 50:50 but that’s me).
M12MTR said:
Thanks stakeknife.
If he does put up a 2m high fence - whether he places it - if I touch it / cut it down to 1m I would be committing criminal damage to his property. No?
It looks like you've diffused an awkward situation. A combination of a little defamation of neighbour on a public forum, combined with zero communication (+ the no firearms or traps covenant) seems to have resolved things. If he does put up a 2m high fence - whether he places it - if I touch it / cut it down to 1m I would be committing criminal damage to his property. No?
M12MTR said:
Great for you Welshbeef.
For me a bully neighbour trying to be awkward is not the best situation.
I've not (over) reacted yet. But no. Time is now to say enough.
His motives for doing what he's done so far are my issue now.
And no. Building 'the best fence in the world' with his (quote) motive "stopping you using your driveway" will still not impress me. But it will you.
Principle now Welshbeef. But you're welcome to your opinions. ;-)
The picture evidence you have provided is at odds with the issues you claim. For me a bully neighbour trying to be awkward is not the best situation.
I've not (over) reacted yet. But no. Time is now to say enough.
His motives for doing what he's done so far are my issue now.
And no. Building 'the best fence in the world' with his (quote) motive "stopping you using your driveway" will still not impress me. But it will you.
Principle now Welshbeef. But you're welcome to your opinions. ;-)
You should chill out
Welshbeef said:
Lol there are many posters here who are saying he same but no issue with you selecting me #thumbsup
I'm not picking on you particularly, but you seem to have been chief protaganist in the 'get-round-to-his-garden-and-kill-him-now'-type arguments. I'd agree with your point that the work done by the neighbour seems decent quality though. Rather odd thread.
M12MTR said:
Odd?
I posted this thread to ask advice about open plan covenants on deeds.
Thanks for the positive advice received.
Neighbour had delivery this.mornimg.....
https://www.instagram.com/p/BiCcp09BXWw/
Nice bin. I posted this thread to ask advice about open plan covenants on deeds.
Thanks for the positive advice received.
Neighbour had delivery this.mornimg.....
https://www.instagram.com/p/BiCcp09BXWw/
M12MTR said:
Odd?
I posted this thread to ask advice about open plan covenants on deeds.
Thanks for the positive advice received.
Neighbour had a delivery early this morning.....
https://www.instagram.com/p/BiEN47PBCpU/
Lime trees?I posted this thread to ask advice about open plan covenants on deeds.
Thanks for the positive advice received.
Neighbour had a delivery early this morning.....
https://www.instagram.com/p/BiEN47PBCpU/
Edited by M12MTR on Friday 27th April 10:27
pequod said:
M12MTR said:
Odd?
I posted this thread to ask advice about open plan covenants on deeds.
Thanks for the positive advice received.
Neighbour had a delivery early this morning.....
https://www.instagram.com/p/BiEN47PBCpU/
Lime trees?I posted this thread to ask advice about open plan covenants on deeds.
Thanks for the positive advice received.
Neighbour had a delivery early this morning.....
https://www.instagram.com/p/BiEN47PBCpU/
Edited by M12MTR on Friday 27th April 10:27
PositronicRay said:
pequod said:
M12MTR said:
Odd?
I posted this thread to ask advice about open plan covenants on deeds.
Thanks for the positive advice received.
Neighbour had a delivery early this morning.....
https://www.instagram.com/p/BiEN47PBCpU/
Lime trees?I posted this thread to ask advice about open plan covenants on deeds.
Thanks for the positive advice received.
Neighbour had a delivery early this morning.....
https://www.instagram.com/p/BiEN47PBCpU/
Edited by M12MTR on Friday 27th April 10:27
mikyman said:
I must stand corrected by 'blueg 33's superior knowledge on these matters.I would be surprised that if the houses are on a new development the builders solicitor didn't write such clauses prohibiting fences and hedges into the deeds .Developers don't usually want to be liable for problems years later.Lots of info can be found on line.All I know from personal experience that this was a stressful time.I had barrister and solicitor advice (must be cheaper in the North) and they advised the course of action.
You are currently 'between a rock and a hard place' .Do you pre empt anything your neighbour might do or do you wait until he erects the fence?
Picture of fence that was erected against our property without our knowledge or consent.
I wish you well
I thought you were describing the Berlin wall the way you tell it.
Op. My money is on that your neighbour is on the wind up.
I'd go around and ask him what his issues are and try and sort it out peacefully.
You say you are acting thoughtful. It sounds like you dont fancy a row.
Gotta break some eggs to make an omelette.
Oh and 3k for that? Lol.
Hello HairyMaclary,Im sorry but i dont understand the points you are making.They seem rather banal to me without proper knowledge of the particular situation.
In simple terms covenants are put on properties for a reason.
I bet you are the sort of bloke who ignores 30 mph regulations 'because they dont apply to you'.
If it had got to court I was warned that I would have to shell out a further £ 7- £10 k,which I could have claimed back when I won.Legal costs are high in this country but luckily I got away with a reasonable £3k,part of my pension pot.i thought i was offering advice from a personal experience.
In simple terms covenants are put on properties for a reason.
I bet you are the sort of bloke who ignores 30 mph regulations 'because they dont apply to you'.
If it had got to court I was warned that I would have to shell out a further £ 7- £10 k,which I could have claimed back when I won.Legal costs are high in this country but luckily I got away with a reasonable £3k,part of my pension pot.i thought i was offering advice from a personal experience.
HairyMaclary said:
£3k and a load of grief over that fence.
3k was a small price to pay to slap an abusive idiot back into place who thought he could ignore the rules, which all the other neighbours abide by, and threaten (both verbally & phisically) our family. Sometimes it isn't just about a fence, but reinforcing boundaries of all kinds.
Oh dear, familiar story.
The covenants against fencing imposed on the estate will generally only be enforceable by the original developer/seller. Unless your deeds/Land Register indicate that the covenants were intended to be enforceable between plot-owners you will have no direct right of action. You could approach the developer and ask it to assign to you the benefit of the covenants insofar as they attach to yours and your (offending) neighbour's property. They might be willing to do that, but they might want something for doing so, and require you to pay the legal costs.
Planning probably doesn't assist. Fence from building-line backwards can usually be 2m high Fences in front of the building line up to 1m high are permitted development, which no doubt apples. Further, the open-plan covenant will presumably not affect things behind the building-line.
If you each own half of a shared drive and he has put a fence down the middle to prevent you (say) getting to a garage or parking spot in your back garden, then that is an infringement of your right of way, which you can take to Court.
Otherwise if he has put up a fence so your car-door won't swing as wide as it did, that is just tough.
Excavating across the boundary line is trespass, so take pictures for the record. If he has put a fence along the wrong line in the back garden and that comes across the boundary, that is trespass. With modern GPS plotting these things are easy enough to prove, and sue for.
You mention rights of light. This is a 2m high fence in a side-passageway? Rights of light to what? To be actionable obstruction of light has to materially affect the light available in a habitable room. Downstairs loo, kitchen, utility room or hallway will probably not qualify.
The real issue here is the guy is an ass hole (I know that's one word, but I didn't mean it to be blocked by the moderator), and he senses you will just roll over and take it. Clearly this is bugging you, and you are probably driving yourself and your family nuts. Go and see a solicitor who deals with litigation (not your conveyancing solicitor, who doesn't want this sort of work and will give you some weak advice designed to send you away).
At some point you may want to sell, so if you decide to take legal action you have to be prepared to see it through and finish it, because you would have to disclose to a future buyer any disputes, notices, letters of complaint etc.
The covenants against fencing imposed on the estate will generally only be enforceable by the original developer/seller. Unless your deeds/Land Register indicate that the covenants were intended to be enforceable between plot-owners you will have no direct right of action. You could approach the developer and ask it to assign to you the benefit of the covenants insofar as they attach to yours and your (offending) neighbour's property. They might be willing to do that, but they might want something for doing so, and require you to pay the legal costs.
Planning probably doesn't assist. Fence from building-line backwards can usually be 2m high Fences in front of the building line up to 1m high are permitted development, which no doubt apples. Further, the open-plan covenant will presumably not affect things behind the building-line.
If you each own half of a shared drive and he has put a fence down the middle to prevent you (say) getting to a garage or parking spot in your back garden, then that is an infringement of your right of way, which you can take to Court.
Otherwise if he has put up a fence so your car-door won't swing as wide as it did, that is just tough.
Excavating across the boundary line is trespass, so take pictures for the record. If he has put a fence along the wrong line in the back garden and that comes across the boundary, that is trespass. With modern GPS plotting these things are easy enough to prove, and sue for.
You mention rights of light. This is a 2m high fence in a side-passageway? Rights of light to what? To be actionable obstruction of light has to materially affect the light available in a habitable room. Downstairs loo, kitchen, utility room or hallway will probably not qualify.
The real issue here is the guy is an ass hole (I know that's one word, but I didn't mean it to be blocked by the moderator), and he senses you will just roll over and take it. Clearly this is bugging you, and you are probably driving yourself and your family nuts. Go and see a solicitor who deals with litigation (not your conveyancing solicitor, who doesn't want this sort of work and will give you some weak advice designed to send you away).
At some point you may want to sell, so if you decide to take legal action you have to be prepared to see it through and finish it, because you would have to disclose to a future buyer any disputes, notices, letters of complaint etc.
M12MTR said:
Thanks keith9849.
State of play since Thursday...... image just taken now........ think he (neighbour) is just trying to wind me up?
https://www.instagram.com/p/BiH2M9ahgb5/
Wind up? Where else should they have dropped it? Around the corner? Get a grip man!!State of play since Thursday...... image just taken now........ think he (neighbour) is just trying to wind me up?
https://www.instagram.com/p/BiH2M9ahgb5/
Gassing Station | Homes, Gardens and DIY | Top of Page | What's New | My Stuff