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Boundary dispute with neighbour, threats of violence, defamation

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  • Boundary dispute with neighbour, threats of violence, defamation

    Hello people,

    Hoping someone can offer some advice here.

    I am dealing with this for my parents who are too frail to deal with this themselves. I am currently living with them and helping them as needed.

    They have lived in their current house for over 30 years. They have been very friendly with both neighbours ever since moving in. Recently the man who lived on one side passed away and someone purchased the house to renovate and sell.

    I was first to meet this man, and immediately alarm bells started to ring. Within 10 seconds of meeting him he's offering cash in hand work, which I politely declined. We then proceed to talk about the fence between the two properties. I said to him don't worry about this old fence, my dad has asked me to replace it and it'll all be done well before you move in. His reply was "no no, I need this to be all above board so leave it until I'm moved in and I'll get all the stuff trade and get my lads to do it and we'll just go halves." I didn't really like the sound of this but didnt express such and he left.

    Just to clarify, this fence in question has been in position for over 30 years. It's a concrete post/slab construction with wooden panels. I already knew that my dad paid for this fence to be installed when the old one was blown down in some very strong winds many years ago. I have seen a receipt for it myself but cannot locate it. It may still be in the house but I'm not holding up any hope.

    TIme passes on (around 8 months ish) and we see him again. His first words were "I really thought you would have sorted this fence by now", to which I replied "I thought you wanted us to wait". He said he had plans to do it int he next few months. He then proceeded to replace all the other fencing. When I asked him when he would be doing the fence between his and my parents property he said after he had done his driveway. He also says the fence needs moving 6 inches in his favour "so it's all fair". I dispute this imemdiately and he says he's going to go to the council to get the boundary confirmed.

    More time passes, around 4 months. I see him there one day and mention the fence and say my parents are prepared to pay for it but need it doing asap as it's falling down. He says "oh no I'm not having you do it then sue me when I damage it replacing my driveway." I walk away slightly perplexed.

    I see him again a few weeks later and He also he thought we would have got it replaced by now and also starts talking about moving the fence in his favour 6 inches again. I tell him no, my parents will not be happy with that at all as it will mean they cannot open their gates half way down the drive. He says he's going to get a chartered surveyor to confirm he is right.

    A few more months pass and he calls me over in an extremely unpolite fashion like I'm some kind of employee of his. His garage lines up with my parents side of the fence posts. He is wanting to install another fence along his garage, effectively taking land from my parents. He also starts rattling on how he's taken land from people before and he has every right to take more land from my parents as they shouldn't have allowed the garage to be built crossing the boundary. At this point I have had enough and I tell him I've told him my parents position multiple times and that I would like him to make any further communication in writing. His reply was "I'm gonna go and see someone about you and get you sorted out".

    Several more months pass and he again approaches me with the "I really thought you would have replaced it by now" line again. I didn't actually speak back to him but did listen and gesticulated responses by raising my head, inhaling and exhaling. There were more promises of replacing the fence but by now I'm not holding up any hope.

    A few more weeks pass and I notice him arrive while I am in the back garden doing some maintenance. I over hear his conversation with his wife, it would appear he's used up all the council tax reductions on the property and he's now paying double council tax. I just know there is going to be a confrontation as I'm pretty sure he's referring to me causing him trouble. I make to go inside and wife quite aggresively says to me with no introduction "you're dog is ruining our fence". Now as my father had passed away days before I'm in no state let alone mood to engage with aggression like this so I get my dog inside and close the door. The man then goes on a massive outburst making threats to report me to the council for not clearing up my dogs mess, he's also going to report me for benefit fraud and to social services for abusing my mum. None of this is in any way true. He has a huge rant for maybe 20 minutes or so using every swear word imaginable.

    I had actually ordered new fence panels that morning as my parents had the money saved. The fence panels were installed when they arrived. A few days later I went shopping with my mum to find the fence panels removed and stacked up on our house. I reinstalled the fence panels and screwed them into place.

    A week or so passes and I see this man again at the house next door while he is talking to a neighbour. I over hear him telling the neighbour that he's going to cause me as much trouble as he can and that he intends to get my mum put into care so I'll be thrown out and he can do what he wants. He also says "it's not his house, it's his mums house but he controls his mum and won't let me talk to her".


    Now just before my fathers passing my mum was diagnosed with dementia. She cannot deal with this herself and has asked me to deal with it for her.


    I did briefly speak to a solicitor and the impression I got was I am in the right. The solicitor said these things are usually solved with a strongly worded letter which would cost £500. I was initially keen on doing this but after reading around am less keen as I've seen some similar cases where people have lost their homes due to aving costs awarded against them even after essentially winning.

    One last thing to add, when the implied threats of violence started I did call the police and was told to turn the microphones on my CCTV on when he was at the property, which I did. I did record his abusive and threatening rant which the police have viewed and they said they couldnt do anything as he didnt actually say it to my face but to keep the footage for future use as if he does assault me its a different story.


    I think I've covered everything above, any advice would be greatly appreciated.



    Tags: None

  • #2
    You do have a real threat against him. He wants to sell, and will not be able to sell easily if there is a dispute with a neighbour. Pushing that, of course, ensures only that you keep him as a neighbour.

    Make sure you have a complete photographic record of the fence before anything changes.

    Do not underestimate the potential cost of a neighbour dispute. It can very easily get very out of proportion. It is like grsbbing hold of a tiger's tail. Once grabbed it is more difficult to let it go. Do whatever you can to keep it as amicable as it can be, if necessary swallowing your pride a few times.

    Check the property titles and filed plans for any clues as to the exact location of the boundary (bearing in mind the limited value of the plan).

    Comment


    • #3
      Good advice. The £500 solicitor's letter will go straight in the bin in my view.

      Comment


      • #4
        To add to what DSlippy has said, see if you can also find older photographs over the years. Wherever possible, put dates to them.
        Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

        Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

        Comment

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