Open plan on deeds..... fence erecting?

[dickymint]

M12MTR said:

dickymint said:

PS if he puts up a 2 metre fence (odds on he is allowed to) you can’t trump that can you!

No. And I won't try.

I will make alterations to my front as said above - and have more room to 'play'.

I'm sure he won't like that much. I will though.

It would be churlish to waste £000's on legal costs if this is the case. I'll spend this on my property instead - or a Pro exhaust for my JCW. Lol.

How will you have "more room to play" ? am i missing something?

[mikyman]

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

[dickymint]

M12MTR said:

How will you have "more room to play" ? am i missing something?

I mean my drive - currently it is very long but single width.

(If) he puts up a fence on his side of the boundary a single width drive would make it impossible for me to open the passenger door to get my kids out easily.

So, I would make my drive wider by removing some of my turf in my front garden - making my drive much wider. Simple.

You can do all that anyway : confused:

[21TonyK]

OP, sounds like you are happy for your neighbour to just take ownership of part of your property and do what he likes with it.

Good luck when you come to sell up and potential buyers query boundaries.

Quite why you haven't challenged him is a mystery.

[Welshbeef]

M12MTR said:

At the moment I have no 'need' to alter my front garden.

If it changes (his 'new' fence restricting me using my drive / car) THEN I will alter things.

Does that mean taking his fence down and moving it to where it should be or simply using other parts of your land ?

If the former it’s going to be formally giving him that slice of land. I know you keep staring your style is calm non communication as there might be a risk to your job(?)

Get your Mrs/boyfriend to have a word with him sometimes this can take the heat out of it for you plus if you don’t like that situation face to face maybe they are adept.

[PositronicRay]

All getting silly now.

I still don't see what's wrong with the little strip of concrete, it enables you and yours to hop out of the car without damaging the edge of the lawn (which looks to maintained by neighbour).

A favour has been done, you should be thanking him.

[PositronicRay]

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

Is it the style of fence or the demarcation you don't like? Would a neat hedge or a chain link fence have been a problem?

[blueg33]

With the rear fence you should have taken action immediately you realised it was on your Land, you have a duty to mitigate his loss and that means not letting him carry on building fence if you knew it was on your land.

However, 6 inches is negligible and hard to measure accurately. The red line on a 1:1250 title plan will be thicker than 6 inches, so a tiny error in the redline can be misleading.

[21TonyK]

M12MTR said:

Just to clarify, as some don't seem to understand.

None of my land has been taken at the front. A 10" strip of neighbour's turf has been removed by him. (At the rear approx 6" of his fence has encroached on my property: and I'm 'yet' to tackle this. But I will).

This trench At the front overlaps the boundary.

I'm not hot-headed so I'm not going to jump in first and create a possible incident.

And I don't have a boyfriend.

So he has dug up a small part of your garden and concreted it (badly)... correct?

And what sort of "incident" are you so worried about? You simply ask him to return YOUR garden to its original condition within 7 days or you will do so yourself. If after seven days he's not done it take pictures, if necessary buy a pickaxe and take it up yourself leaving the broken concrete on the bottom of his drive so he can dispose of it.

All this crap about being worried about losing your job is ridiculous. I work in what many would see as a very sensitive role with vulnerable children and young adults. Certainly didn't stop me telling a similar neighbour to keep himself to himself.

[paulrockliffe]

blueg33 said:

The Op does have a covenant that says he can't use a gun on the property, so shooting his neighbour is not an option

Just catching up now, this didn't get the credit it deserved!

Is that a normal covenant? Given you can't use a firearm within 15m of a public space (ie the highway) and their use is massively regulated I can't see what the point of the covenant would be. In theory you could shoot rabbits in the back garden, but the sort of person that doesn't realise how potentially dangerous that is and how likely it is that the neighbours will object and call the Police isn't the sort of person that would have read the deeds, let alone taken notice of a covenant.

OP, would you not be better off with a low wall on the boundary and a wider drive? If you're happy to lose a bit of the front garden then I'd think you'll be happier ignoring the neighbour and future purchasers will likely thank you for making a potential issue go away.

[PositronicRay]

M12MTR said:

Just to clarify, as some don't seem to understand.

None of my land has been taken at the front. A 10" strip of neighbour's turf has been removed by him.

This trench At the front overlaps the boundary.

Exactly, he's probably wondering what all the frosty neighbourly relations are about.

Go round apologise, thank him for tidying up.

ETA

Personally I'd have put a strip of gravel down to edge off the lawn as in the fence photo above, neater and would provide a little drainage for car cleaning. Possibly just using what he had to hand.

To summarise this thread.

What hasn't happened
Land grab
Fence

What has happened
Extending the hard standing a little and tidying lawn edge (Probably sensible after the soggy winter and feet all over it)

Edited by PositronicRay on Thursday 26th April 08:43

[DonkeyApple]

M12MTR said:

Just to clarify, as some don't seem to understand.

None of my land has been taken at the front. A 10" strip of neighbour's turf has been removed by him. (At the rear approx 6" of his fence has encroached on my property: and I'm 'yet' to tackle this. But I will).

This trench At the front overlaps the boundary.

I'm not hot-headed so I'm not going to jump in first and create a possible incident.

And I don't have a boyfriend.

It’s not that we don’t understand. It is very much that you don’t.

For starters this is what you wrote on page 1:

‘So, yesterday I returned home to see he has dug a trench - removed the turf - which is technically on my property - which matches the pencil line - ready to erect a fence of some kind?’

So now this isn’t technically on your property and you post that we don’t understand!!

You’ve posted that his fence at the rear was built on your land but that two years on you are hiding your time as to when and how to raise this matter. Again, this isn’t us not understanding, it is yourself. The fence at the rear is done and dusted. That’s it. The time for you to object in any way whatsoever was two years ago.

And the final part that we understand that you do not is that you are not going to ever say or do anything regarding anything done at the front either. That much is abundantly clear.

The only thing that we do not understand is just why on Earth you posted any of this in the first instance. The neighbour is going to do whatever he wants and you are not ever going to do anything about it. And possibly a final thing that we don’t understand is why you haven’t got a boyfriend. With all those cars and a nice hoise I’m sure you’re quite the catch and a boyfriend might be able to chat to your neighbour.

[mikyman]

The type of 'fence' isn't the issue.Its an open plan estate which means no fences,hedges of any sort.
It was also erected to make difficulty for me to get onto/off my drive.He decided he just didn't like me!

Just to clarify the covenant,this is written into both his and my deeds:

Neither to erect any wall or fence or plant to grow to any hedge in the area lying between the forward edge or edges of any dwellinghouse erected on the property and the roads or footpaths abutting the property.

Seems clear enough!

Would have thought OP's deeds and his neighbours would have a similar clause.

[blueg33]

paulrockliffe said:

blueg33 said:

The Op does have a covenant that says he can't use a gun on the property, so shooting his neighbour is not an option

Just catching up now, this didn't get the credit it deserved!

Is that a normal covenant? Given you can't use a firearm within 15m of a public space (ie the highway) and their use is massively regulated I can't see what the point of the covenant would be. In theory you could shoot rabbits in the back garden, but the sort of person that doesn't realise how potentially dangerous that is and how likely it is that the neighbours will object and call the Police isn't the sort of person that would have read the deeds, let alone taken notice of a covenant.

OP, would you not be better off with a low wall on the boundary and a wider drive? If you're happy to lose a bit of the front garden then I'd think you'll be happier ignoring the neighbour and future purchasers will likely thank you for making a potential issue go away.

Its not a normal covenant, but not unusual either. The land was probably once part of an estate which has game shoots and the restriction relates to that, basically to prevent competition and reduce poaching. The op also can't set traps.

[dmsims]

DonkeyApple said:

It’s not that we don’t understand. It is very much that you don’t.

For starters this is what you wrote on page 1:

‘So, yesterday I returned home to see he has dug a trench - removed the turf - which is technically on my property - which matches the pencil line - ready to erect a fence of some kind?’

So now this isn’t technically on your property and you post that we don’t understand!!

This

and

dmsims said:

Ok so where he has removed the strip of grass - that is definately your land ?

If so why have you tolerated the (wilful) damage ?

[paulrockliffe]

blueg33 said:

The op also can't set traps.

Crikey, he doesn't have many options if this escalates then does he!

[wildoliver]

I dare you to park your car on it and then give him the thumbs up for widening your drive way.

[Rosscow]

No way that's any kind of footing for a wall!

[Evanivitch]

I suspect he's just realised that he's been mowing your lawn for the last how many years and he's fed up of it.

[PositronicRay]

M12MTR said:

https://www.instagram.com/p/BiCcp09BXWw/

I have returned home today to the trench smoothed and levelled.

See pic above.

So, is this trench deep enough for a short wall?

Or it could be for more red chipping? Or a fence?

Place your bets PHers.

Anyone know if it is for a wall - up to my driveway - is this trench deep enough for a wall foundation?

Nice neat job