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neighbours and clique neighbourhood

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  • neighbours and clique neighbourhood

    We have moved recently and there have been problems with this neighbour, we knew that there had been issues with previous owner however we understood that these had been resolved at local (parish council) level. We had made an agreement prior to purchase that he would not access our garden (there is no access rights and previous owner did not give him any but on retrospect I don't think he had any intention of not going through our garden) he has a garage around the corner that isn't really his but he uses, no one knows who this garage belongs to. He can access this garage without going through our garden anyway but there is a strip at the side of our garden that I think makes it easier for him to access this garage, and I think he was trying to claim adverse possession of the whole thing, and us not allowing him to go through the garden means he cannot access this strip so presumably he cannot claim adverse possession if it is one piece of land.

    However the agreement for him to walk a different route to this garage did not happen and within 3 weeks this guy was making another pathway through our garden, he even cut through our trees to get through. 6 months on after several discussions and as many fences to prevent him, costing the previous owner quite a bit of money, who had to be involved as well as the estate agent who sold us the house - it was them that originally made this agreement with us all, I am feeling absolutely exhausted with this. We have discovered that this neighbour has contacted the sellers estate agent and the parish council trying to get them to stop us putting up a fence at the back of our garden. The issue is that he has gone here there and everywhere trying to summon support (he was told to stop this by the council apparently and the agent), but we have not been invited to any consultation yet he has had meetings etc, which feels undemocratic and has left us feeling that we are being pushed out. We have reached out twice to the parish council but they have ignored us. I think some are supporting him (from what I can tell) but because this is private land cannot get involved.

    We have even been told by our gardener that he had a call from a parish councillor about whether we are blocking an escape route, this is in the middle of our garden. They seem to be talking amongst themselves but not including us, and the gardener thought it was ridiculous also that this councillor would even think this. I am certain that this came from the neighbour originally.

    So we are thinking we have just about had enough of this nonsense and feel like we have made a huge mistake moving to such a clique place where we don't feel our faces really fit. So my question is, the previous owner has paid for the fencing to go up, they left us out of the transaction & communications completely, there was clearly an issue with them and this guy that we inherited but I am hoping this has finally been resolved. In my own mind I want nothing more to do with this person, I just cannot cope with him. The previous owner has said she will take legal action via her solicitor should he continue, and I believe that he has been warned of this through the agent and possibly through other sources. We really weren't ready for all of this when we moved and had no idea that this man was as bad as he actually is. I feel like he needs a restraining order and am worried that he will reduce the price of our property given all of his antics and we will have to say something at the point of sale. We feel like this whole thing has ruined our move, he also gossips about us and other people have stopped talking to us because of him, which he openly admits, but I think it is that sort of place - the longer you have been there the more accepted you are, not to mention that this man is a total bully. I know it all sounds absolutely ludicrous! But I do not think that the relationships will survive this monstrous start and frankly I am feeling so bad about it that I cannot cope with the idea of staying here.

    I know that it is possible that we should have been told how bad this person is but in fairness the previous owner has come back to mop up the mess so to speak, and is very committed to making sure that he doesn't make things hard for us any longer, I do plan on calling the agent again, and am tempted to put something in writing to the council or parish or both, just to state our position and that we consider the matter closed now, but not sure? thoughts?
    Tags: None

  • #2
    Is this connected with your thread earlier this afternoon about the dotted line?
    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


    • #3
      No it's nothing to do with the dotted line the issue is at the back of the house with this neighbour

      Comment


      • #4
        Why are you letting the parish council, the seller and the seller's estate agency get involved in this? It isn't anything to do with any of them, it's your house and for you to deal with.

        You need to consult a solicitor and take legal action to stop him entering your garden. Breaking your fences down is criminal damage. If he does it again call Police 111 and report it.

        In th meantime you need to start keeping a detailed diary/log of every issue and incident, every discussion with the neighbour. Date and sign every entry. This will be the evidence you need if you end up in court.
        All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

        Comment


        • #5
          The issue is that we have online just discovered that all these people were involved, there were all these discussions taking place & we never knew about it. We thought at that stage it was all in hand & he'd stopped, turned out he was plotting something else. The previous owner has been involved because they should have secured the garden prior to us moving in & they openly admit that they informed the agent that this man was likely to breach the agreement we had made.
          I know what you are saying that we should just get hold of this but I'm soo tired. And we are keeping a diary of all of it

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          • #6
            You should write to your conveyancing solicitor.
            A dispute such as this, past, present and potentially future should have been included on the seller's Property Information Form
            If it wasn't, your solicitor may consider you have a compensation claim for devaluation of your property

            Comment


            • #7
              Check your home insurance policy. Some policies cover legal protection as an add-on.
              If you have legal protection insurance it should cover you for legal costs incurred in a legal dispute with a neighbour

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              • #8
                Pezza54 thank you our conveyancing solicitor has seemingly closed within the last couple of months & we just cannot get hold of them.
                The previous owner did say that there had been issues but that these were resolved. I don't think they were resolved though. But maybe they thought the issues with him were done I don't know. I mean I think they are now but we've paid a high price indeed. I have written to the solicitor though in case he's just not picking up the phone.

                Comment


                • #9
                  If the seller told you the dispute was resolved then it seems you were misled in the sale
                  Consult another local solicitor and they should be able to retrieve all the legal property sale forms

                  Comment


                  • #10
                    Originally posted by PallasAthena View Post
                    In th meantime you need to start keeping a detailed diary/log of every issue and incident, every discussion with the neighbour. Date and sign every entry. This will be the evidence you need if you end up in court.
                    In a similar vein, for £20 or £30 you can get an outdoor CCTV camera which 1) will be useful for proving the trespass and 2) may deter the neighbour from trespassing so much anyway.

                    Comment


                    • #11
                      As a parish councillor the parish council have no power at all in a situation like this. Ignore them! I would certainly not write to them. Good advice re cctv and fencing. I also think you may have a claim if this was not noted on the property information form

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                      • #12
                        islandgirl thank you, we haven't bothered putting anything in writing to the parish council. And we've got ring doorbells & cameras covering our property. What a vile place to live I cannot wait to move again

                        Comment

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