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Hi
Hoping someone can help, and point me in the right direction.
I am a landlord of a semi detached property. The property has a shared drive. A fence separates the two back gardens and continued to the start of the properties where there were two gates, level to one another, erected to enclose both back gardens. In 2008 the neighbour of the property phoned me and asked was it ok if he extended the fence further up the drive at his own cost as he wanted to move his gate further up the house make his back garden larger for his dogs. I said I was happy for him to do so as long as their was no encroachment onto my property. He said should the current tenant wish to do the same and move their gate further up the drive he would expect the tenants to contribute to the cost of the additional fence.
The tenants phoned me shortly after saying they did wish to do move the gate, so I relayed what the neighbour had said about contributing towards the costs. I did not demand they make any contribution but I did request that they initially talk things over with the neighbour before taking any action, but on that basis, I was happy for them to move the gate.
A few weeks later I get a phone call from the neighbour saying that the tenant had moved the gate without making any contact with them. I called the tenant and they agreed they had not spoken with him, but had spoken with a solicitor who confirmed to them there was no legal requirement to make any monetary contribution or liaise with the neighbour. I said that whilst nothing may have been legally required from them, at least to talk to the neighbour to advise him of your intention would have been the neighbourly thing to do, so I requested they either put it back to its original position or talk with him. They moved the gate back, and I heard nothing more from the neighbour.
These tenants were decent tenants, in that they paid their rent in full on time, and looked after the property. However once they returned the gate to the original position, they then gave notice of their intention to leave inferring that a neighbour had made life there impossible for them.
Since this time I have moved abroad and use a letting agent to manage the property.
The tenant that currently resides there has moved the gate forward again unbeknown to me and the agent, until the neighbour called the agent to complain.
The neighbour either wanted the tenant to either move the gate back or to buy another fence panel to run parallel to theirs and attach the gate to that, to which the tenant so no.
The letting agent has asked the tenant to return the gate to how she found it which she has. Again this tenant is really decent, and I am worried I will probably lose her also because of this. The tenant has said the neighbour makes life very difficult for her.
I was hoping this was an end to it seeing as the neighbour has gotten his own way both times but the neighbour has further complained that the gate has not been returned to its original position. His complaint is that although the tenant has put the gate back to where it was when she moved in, it isn't exactly back to where it was originally, ie the first tenants must not have put it back fully to the original starting position (oh I hope this is making sense, apologies if not!). He feels the gate is now 3/4 of a fence panel up from where it originally was.....yet why has he only raised this issue now, not back in 2008. Also I think I may be in breach of the tenancy agreement if the gate is now moved back to its original position as the property would not be as the tenant took it.
What he now demands is that I rent or buy the 3/4 of the fence panel from him - the distance the gate has been moved to, to which I said no.
I have now received this letter from him. As an aside there has never been any agreement between us.
As it has not been possible to resolve this matter amicably, and it is apparent that court action may be necessary, I write in compliance with the Practice Direction on Pre-Action Conduct.
I had an agreement with you that I would extend the dividing fence between the properties at xxx Lane on my land and at my expense, with the proviso that this fence should not be enclosed within your garden.This agreement has been breached twice; both times the gated fence has been moved forward and has then been moved back at your request. However on being moved back it has never been replaced to the original position resulting in approximately 3⁄4 of a fence panel currently being enclosed against our agreement.
From you I am claiming for an additional fence panel to be erected at xxx Lane, unattached to my fence which your gated fence can be attached to and which will enclose your garden.
Listed below are the documents on which I intend to rely in my claim against you:
Email from Letting agent Apr 28 2014, 03:42 PM
Email from Letting agent Apr 17 2014, 08:53 AM
Email from Letting agent Apr 07 2014, 03:12 PM
I can confirm that I would be agreeable to mediation and would consider any other system of Alternative Dispute Resolution (ADR) in order to avoid the need for this matter to be resolved by the courts.
I would invite you to put forward any proposals in this regard.
In closing, I would draw your attention to section II (4) of the Practice Direction which gives the courts the power to impose sanctions on the parties if they fail to comply with the direction including failing to respond to this letter before claim.
I look forward to hearing from you within the next 14 days.
Should I not receive a response to my letter within this time frame then I anticipate that court action will be commenced with no further reference to you.
As a further aside, the neighbour also complained that the tenants kids have damaged the fence (that I own, so neighbour tells me, though the conveyance documents state responsibility as not known, yet I have repaired in the past) with their football, and showed pictures of repairs he had done to his side, but then told the letting agent he wasn't sure the damage was down to his dogs rather than the ball???
Also the deeds state 'not to erect or suffer to be erected and buildings fences walls gates or other structures of any kind whatsoever on any part of the said land without prior consent in writing of the company or it's solicitor.'
'not to do or commit or suffer to be committed and act or thing which shall become a nuisance annoyance or inconvenience to owners of any adjoining property'
So my questions after my rambling are
1)does the neighbour have any legal standing?
2) if so can I ask he takes the fence down given the deeds?
Many thanks for any advice
Hoping someone can help, and point me in the right direction.
I am a landlord of a semi detached property. The property has a shared drive. A fence separates the two back gardens and continued to the start of the properties where there were two gates, level to one another, erected to enclose both back gardens. In 2008 the neighbour of the property phoned me and asked was it ok if he extended the fence further up the drive at his own cost as he wanted to move his gate further up the house make his back garden larger for his dogs. I said I was happy for him to do so as long as their was no encroachment onto my property. He said should the current tenant wish to do the same and move their gate further up the drive he would expect the tenants to contribute to the cost of the additional fence.
The tenants phoned me shortly after saying they did wish to do move the gate, so I relayed what the neighbour had said about contributing towards the costs. I did not demand they make any contribution but I did request that they initially talk things over with the neighbour before taking any action, but on that basis, I was happy for them to move the gate.
A few weeks later I get a phone call from the neighbour saying that the tenant had moved the gate without making any contact with them. I called the tenant and they agreed they had not spoken with him, but had spoken with a solicitor who confirmed to them there was no legal requirement to make any monetary contribution or liaise with the neighbour. I said that whilst nothing may have been legally required from them, at least to talk to the neighbour to advise him of your intention would have been the neighbourly thing to do, so I requested they either put it back to its original position or talk with him. They moved the gate back, and I heard nothing more from the neighbour.
These tenants were decent tenants, in that they paid their rent in full on time, and looked after the property. However once they returned the gate to the original position, they then gave notice of their intention to leave inferring that a neighbour had made life there impossible for them.
Since this time I have moved abroad and use a letting agent to manage the property.
The tenant that currently resides there has moved the gate forward again unbeknown to me and the agent, until the neighbour called the agent to complain.
The neighbour either wanted the tenant to either move the gate back or to buy another fence panel to run parallel to theirs and attach the gate to that, to which the tenant so no.
The letting agent has asked the tenant to return the gate to how she found it which she has. Again this tenant is really decent, and I am worried I will probably lose her also because of this. The tenant has said the neighbour makes life very difficult for her.
I was hoping this was an end to it seeing as the neighbour has gotten his own way both times but the neighbour has further complained that the gate has not been returned to its original position. His complaint is that although the tenant has put the gate back to where it was when she moved in, it isn't exactly back to where it was originally, ie the first tenants must not have put it back fully to the original starting position (oh I hope this is making sense, apologies if not!). He feels the gate is now 3/4 of a fence panel up from where it originally was.....yet why has he only raised this issue now, not back in 2008. Also I think I may be in breach of the tenancy agreement if the gate is now moved back to its original position as the property would not be as the tenant took it.
What he now demands is that I rent or buy the 3/4 of the fence panel from him - the distance the gate has been moved to, to which I said no.
I have now received this letter from him. As an aside there has never been any agreement between us.
As it has not been possible to resolve this matter amicably, and it is apparent that court action may be necessary, I write in compliance with the Practice Direction on Pre-Action Conduct.
I had an agreement with you that I would extend the dividing fence between the properties at xxx Lane on my land and at my expense, with the proviso that this fence should not be enclosed within your garden.This agreement has been breached twice; both times the gated fence has been moved forward and has then been moved back at your request. However on being moved back it has never been replaced to the original position resulting in approximately 3⁄4 of a fence panel currently being enclosed against our agreement.
From you I am claiming for an additional fence panel to be erected at xxx Lane, unattached to my fence which your gated fence can be attached to and which will enclose your garden.
Listed below are the documents on which I intend to rely in my claim against you:
Email from Letting agent Apr 28 2014, 03:42 PM
Email from Letting agent Apr 17 2014, 08:53 AM
Email from Letting agent Apr 07 2014, 03:12 PM
I can confirm that I would be agreeable to mediation and would consider any other system of Alternative Dispute Resolution (ADR) in order to avoid the need for this matter to be resolved by the courts.
I would invite you to put forward any proposals in this regard.
In closing, I would draw your attention to section II (4) of the Practice Direction which gives the courts the power to impose sanctions on the parties if they fail to comply with the direction including failing to respond to this letter before claim.
I look forward to hearing from you within the next 14 days.
Should I not receive a response to my letter within this time frame then I anticipate that court action will be commenced with no further reference to you.
As a further aside, the neighbour also complained that the tenants kids have damaged the fence (that I own, so neighbour tells me, though the conveyance documents state responsibility as not known, yet I have repaired in the past) with their football, and showed pictures of repairs he had done to his side, but then told the letting agent he wasn't sure the damage was down to his dogs rather than the ball???
Also the deeds state 'not to erect or suffer to be erected and buildings fences walls gates or other structures of any kind whatsoever on any part of the said land without prior consent in writing of the company or it's solicitor.'
'not to do or commit or suffer to be committed and act or thing which shall become a nuisance annoyance or inconvenience to owners of any adjoining property'
So my questions after my rambling are
1)does the neighbour have any legal standing?
2) if so can I ask he takes the fence down given the deeds?
Many thanks for any advice
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