Bondary issue, URGENT!

[sasha_108]

I'm not sure this is the right place but, I have just gone outside, and my neighbour is putting up a fence along his boundary, without even mentioning it to us. The problem with this is, we are in an end Terrace house, and have to go up a drive, and across the back of 2 other properties, to get to ours. At the minute, there is no restriction, but the neighbours have decided they want more privacy. They are fencing in to their back door, and putting a gate in, but part way up the garden, as they don't like seeing us walk past their window! I have 2 children, one in a wheelchair, and one in a pushchair that I have to get out of the back door, and this will make it difficult, as we will not be able to walk on the flat path outside the back of the houses, but along the rocky ground. I don't see why they are doing it, as they have their house on the market. Is there anything I can do legally? I don't think he should be able to restrict our access. Oh also, I now can't walk straight across from my garden to my outbuilding, as there is no gate, so I will have to walk back down one side of the fence, through the gate, back up the other side, and back again, just to get the hosepipe, or feed the rabbit! They will not compromise at all, and say it is there land, and they can do what they want.

Please help!

Clare

[sasha_108]

sorry boundary!

[gessoo]

Sasha, If it is a right of way and they have blocked it then they are in the wrong, regardless of whose land it is. I would think they are doing this to make their house easier to sell as some people are put off by having right of ways across land. They have effectively altered the right of way. You need to go to the citizens advice bureau for some correct advice and then confront them again with this.

[ianess]

Certainly sounds dodgy, and a blatant attempt to boost the asking price for his house, but you need to get some proper legal advice quickly.
Most AB'ers are only in the main [IMHO] unqualified but well-intentioned amateurs but really you should get yourself along to a lawyer PDQ.
Good luck.

[raysparx]

Hi sasha,as gessoo says if it is a right of way they can't do away with it,if they don't like it hard luck, you should get onto your mortgage provider or solicitor to see what is on the deeds, but in my experience any terraced properties with a path at the back all houses have a right of way, have a word with them first and point this out to them,but they sound a bit stroppy,so make solicitor the first stop,good luck,Ray

[sasha_108]

Hi, I have looked at my copy of the deeds, and our proerty is outlined in red, and there is blue stipes across all the rest of the land. It also says, we have foot access across the other two properties, which cannot be obstructed in any way! I am presuming this means they can't put a fence up, even though it is there land, and even if they leave a gap? I tried to speak to him yesterday, but he just saod he didn't care, and he was doing it anyway.

Do you think this also means no one can park in the driveway, as this obstructs our right of access?!

Clare

[gessoo]

You seriously need to get some professional advice asap. I would go round and tell him you are taking it up with your solicitor immediately. I would hot foot it straight to your local CIB or give them a ring. Don't let him bully you. In the end, he will have to take his fence etc. down and if there is a dispute in progress this will show up on any search his prospective buyers have done before they buy his house .........

[gessoo]

..... As long as his car doesn't obstruct you then presumably he can park in the driveway. You have 'foot access' so as long as you can pass safely on foot I would think he can park on his property. But this is an issue to need to talk to a professional about.

Of course, you could phone his estate agent and tell them what is happening and that you are taking measures to stop it. They might well then get in touch with him!!!

[raysparx]

Hi sasha,you need to get to your solicitor asap,and get them to write to this prat,he has no right to obstruct a right of way, as gessoo suggested, I would also have a word with the estate agent and let them know in no uncertain terms that you are informing any prospective buyers about this illegal act, if he lies on the contract details that there isn't a dispute he is in serious trouble,these things have to be declared,I am sure you can get an injunction against him,go now and seek the proper advice as to your next step,he is just a bully,Good luck,Ray

[compman]

Hi Clare,

I agree with all the previous answers you've been given, especially 'raysparx' and 'gessoo' when they write about informing your neighbours estate agents about the dispute.

Another thing, as your neighbours have treated you despicably, knowing that you have one child in a wheelchair and another in a pushchair, I'm sure the local newpaper would be very interested in your story, as would your local radio station, or even the regional television station.

However,I think you should only use this method if every other avenue is exhausted. I hope it won't come to this though.

But make sure you do something, and the quicker the better, because if you don't do anything, no-one else will help you.

I'm sure all ABers on here are confident of a satisfactory outcome for you.

Let us all know eventually how you've got on with your own Neighbours from Hell.

Good luck and best wishes.

[sasha_108]

Woohoo!

Thank you guys! Success, or so it seems. We came to an agreement with the man next door, but then his wife came round and started shouting, and insisting they would not comprimise. I told them I had informed the estate agents, of the dispute, which didn't go down well, but then she announced, she had contacted the council to report our kitchen extension, which had no planning! Well that did it, I told them I wasn't willing to comprimise anymore, and went inside. She could have asked if we had planning without doing that! We do have planning, dating back from 1986, when the kitchen was erected, and we didn't even pull it down and rebuild it, we just moved the window, and replaced the corregated plasic roof!

A couple of hours later, her Husband came round, and said, would we drop everything, if they just removed the fence altogether? Of course we said yes, and he has said it will be down by the end of the weekend, so we shall see! Hopefully this will be the end of it. I think they know, I won't back down. They were stupid really, because her Husband and me, had already come up with a solution, but she spoilt it!

Oh and he lied to her, and said I had come out shouting and screaming at him in the garden, when I made sure I didn't even raise my voice, in fact he swore at me, and I said I would walk away if he couldn't talk nicely!

I have seem them a few times since, and they no longer speak, but hey, no great loss!

Oh one last thing! While this was going on, my other neighbours erected a fence, on my land, when it used to be in there garden! I really can't cope with all that again though, as we also own the house the other side of them, and I really don't want to fall out with everyone in the street! Bit cheeky though, we went to let the dog out, and there he is in our garden, and he didn't even speak!

So just to say, thanks again for all your help.

Clare

[raysparx]

Hi clare, good news,don't let anybody bully you,I hate people like your neighbour,I am so glad you stood up to them,some people seem to think they can treat others like dirt,well done girl,give him a smack in the earhole when he leaves and tell him it was from me, and if he wants to come round here just let him know I am 6ft and weigh 17 stone, good luck and hope your new neighbours are better than the cretins you have at present. Ray