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Access to Land Issue with Neighbour
Dear all,
I do not know if you can help me and my family, but we're getting embroiled deeper and deeper with a legal dispute with our neighbour.
It all began a few years ago. We had an extension built on the back of our semi-detached house. The build was a disaster, and the builder went bankrupt during month 18 of a 3 to 4 month build!
Fortunately, the majority of the work was completed. During the last months of this nightmare, I was working in my living room wiring some electrical points when my neighbour banged on the wall, then a few minutes later came around to my front door. He launched into a tirade of abuse which was in most respects very disturbing. I was simply stunned into silence a bit like a rabbit in the lights of an onrushing car. My wife came out to ask my neighbour to stop swearing as my young son could hear this exchange. At this point my neighbour "Flipped" and lunged at us through the front door. my wife and I slammed the door on him, and retreated into the front room. My wife shouted through the top window that he should leave our land and that we're calling the police. I was "Quaking", and I admit I was shaken and very scared. My wife appeared much stronger than I in this case. My neighbour then tried to throw a garden table through our window, but fortunately, missed.
He then left.
When we spoke to the police, they offered us the choice of pressing charges, or them going round to "Have a chat" and quieting things down. For right or wrong, we decided that a warning was better.
Then within a week of this event, a solicitors letter arrived claiming that we were trespassing on his property! Specifically a gutter of the new build was overhanging his property. I had no idea, and the builder was not available, thus reluctantly we agreed to have a surveyor check.
My hand up, it turns out the gutter did overhang. Its OK at one end of the house, then due to the angle of the property on the land, it gradually moves closer, then overhangs my neighbours land near the original semi detached side. The size of the overhang was a thin triangle about 40mm at one end tapering to nothing over a 4 metre length.
Still trying to appease we agreed to pay him an easement for this, and £1000 was agreed. I had my solicitor draw up an easement, and we presented this to him. Result he rejected it, and demand we remove the gutter.
Eventually we reluctantly removed the gutter as technically he was in the right, and he was demanding we remove it or face legal action.
Next to our dismay, he served another legal document claiming that as we did not have a gutter, water from our roof was discharging onto his property, and causing damage!
We tried to get the gutter replaced, but he would not accept any other builder than the original bankrupt builder. It was pointed out repeatedly that this person was not available.
Finally from the "goodness of his heart" he agreed to grant access providing I used his builder. I told him I was happy to consider his builder, but he'd need to be competitive.
The new builder turned up, and my own replacement roofing contractor also quoted. My roofing contractor was more than half the price of my neighbours contractor, thus I rejected him, and asked for access rights for my contractor so I can make the repairs.
This morning he demands the right to interview my contractor, and only if he agrees, will he grant access. If he feels the guy is not good enough, I must use his vastly overpriced contractor.
Now it my turn to snap! It my property, I'm paying all the bills, including his legal cost, and the surveyors fees, and he's continuing this vendetta on me and my family. My own solicitor is having problems with this, and I can see no end in sight.
My neighbour has threatened that the work must be completed by the end of October, but he's still refusing me access to get the repairs made. This can't be just, as I admit the gutter was in the wrong place, but all my attempts to fix it are being foiled by this erratic and vexatious person. To be blunt I'm thoroughly stressed over it, and knowing its being driven by his wish to hurt us, and not to get a resolution makes it worse.
Can anybody suggest the best way forward.
Many thanks,
D.
I do not know if you can help me and my family, but we're getting embroiled deeper and deeper with a legal dispute with our neighbour.
It all began a few years ago. We had an extension built on the back of our semi-detached house. The build was a disaster, and the builder went bankrupt during month 18 of a 3 to 4 month build!
Fortunately, the majority of the work was completed. During the last months of this nightmare, I was working in my living room wiring some electrical points when my neighbour banged on the wall, then a few minutes later came around to my front door. He launched into a tirade of abuse which was in most respects very disturbing. I was simply stunned into silence a bit like a rabbit in the lights of an onrushing car. My wife came out to ask my neighbour to stop swearing as my young son could hear this exchange. At this point my neighbour "Flipped" and lunged at us through the front door. my wife and I slammed the door on him, and retreated into the front room. My wife shouted through the top window that he should leave our land and that we're calling the police. I was "Quaking", and I admit I was shaken and very scared. My wife appeared much stronger than I in this case. My neighbour then tried to throw a garden table through our window, but fortunately, missed.
He then left.
When we spoke to the police, they offered us the choice of pressing charges, or them going round to "Have a chat" and quieting things down. For right or wrong, we decided that a warning was better.
Then within a week of this event, a solicitors letter arrived claiming that we were trespassing on his property! Specifically a gutter of the new build was overhanging his property. I had no idea, and the builder was not available, thus reluctantly we agreed to have a surveyor check.
My hand up, it turns out the gutter did overhang. Its OK at one end of the house, then due to the angle of the property on the land, it gradually moves closer, then overhangs my neighbours land near the original semi detached side. The size of the overhang was a thin triangle about 40mm at one end tapering to nothing over a 4 metre length.
Still trying to appease we agreed to pay him an easement for this, and £1000 was agreed. I had my solicitor draw up an easement, and we presented this to him. Result he rejected it, and demand we remove the gutter.
Eventually we reluctantly removed the gutter as technically he was in the right, and he was demanding we remove it or face legal action.
Next to our dismay, he served another legal document claiming that as we did not have a gutter, water from our roof was discharging onto his property, and causing damage!
We tried to get the gutter replaced, but he would not accept any other builder than the original bankrupt builder. It was pointed out repeatedly that this person was not available.
Finally from the "goodness of his heart" he agreed to grant access providing I used his builder. I told him I was happy to consider his builder, but he'd need to be competitive.
The new builder turned up, and my own replacement roofing contractor also quoted. My roofing contractor was more than half the price of my neighbours contractor, thus I rejected him, and asked for access rights for my contractor so I can make the repairs.
This morning he demands the right to interview my contractor, and only if he agrees, will he grant access. If he feels the guy is not good enough, I must use his vastly overpriced contractor.
Now it my turn to snap! It my property, I'm paying all the bills, including his legal cost, and the surveyors fees, and he's continuing this vendetta on me and my family. My own solicitor is having problems with this, and I can see no end in sight.
My neighbour has threatened that the work must be completed by the end of October, but he's still refusing me access to get the repairs made. This can't be just, as I admit the gutter was in the wrong place, but all my attempts to fix it are being foiled by this erratic and vexatious person. To be blunt I'm thoroughly stressed over it, and knowing its being driven by his wish to hurt us, and not to get a resolution makes it worse.
Can anybody suggest the best way forward.
Many thanks,
D.
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