Boundary Issues

[newuser]

I know the above can be a legal mine field. I have a neighbour who has made my life hell for 18 months or so. His fence has collapsed. He wishes access to my land. I have refused. Am I being difficult? Yes but only because of the nature of the nuisance - I attempted suicide over the constant intimidation, slander, etc. I told him that by letter that I would not allow him or contractors access to my land and should he contact me again under 1997 Protection from Harassment, I would report him to the Police. I would rather erect a new fence on my land at my expense. I still suffer from stress, depression and anxiety and was two weeks ago arrested under 136 of Mental Health Act and sectioned for a time. I am still considered a Medium to High Suicide Risk.

The neighbour has posted a letter through my door this morning saying that he believes under 2.3 of the Transfer Deeds that he has right to access my land. I do not want him or any of his friends wandering around willy nilly. It is already causing me some anxiety as he plans to start work within 7 days. Is there nothing I can do?

Suggestions please.

[des8]

Re: Boundary Issues

Hallo there and sorry to hear of your problems, both with health and neighbours.

You could refuse him access.
This would then necessitate him obtaining a court order to enforce the rights he claims.

Has he supplied you with a copy of the transfer deed to which he refers? It could be he is misreading it.
Does he actually need access to replace the fence? It might make the job easier if he has access, although not absolutely necessary.
Has the old fence been removed? If not how do you propose to allow him clear it away?
If he is employing contractors do you honestly think they will wander round your land "willy nilly".They will only be interested in completing the work ASAP.

Why not allow him access , but rope off say 3 foot wide strip up the boundary and tell him is access is limited to that area?
Perhaps arrange for a friend or relative to be with you for support when the work is carried out.

[stevemLS]

Re: Boundary Issues

That advice from des8 sounds to me to be very sensible and pragmatic - it is in your interests and that of your health, to get the fence thing sorted with the minimum of hassle, it seems to me.

Could you even go and stay with a friend for a couple of days while the work is carried out if it will distress you to see it being done?

[newuser]

Re: Boundary Issues

I do know I'm getting the fence repaired at no cost to me and my complaint seems ill judged. It is just that he has caused me so much distress in the past and this just seems more of the same. A BBC Radio DJ he goes around as if he has always won. I tried to restrict his access after him slandering me (his latest 'dig' over me causing my own burglary for my own profit) and it seems I can get nowhere in this long fight with him.

[newuser]

Re: Boundary Issues

To detail a little more...this man was landlord during my nuisance neighbours in which they accrued 13 Police Incidents, 3 Council warnings, 1 Noise Abatement Order (they opened a motorbike repair shop in their garage), parties from Friday to Sunday, intimidation tactics, etc. He would not countenance any complaints (insulting me, slandering me - on email ) as their boss paid the rent and therefore it was found money for him. The stress of it all got to me. These neighbours were given a license to do what they wanted. Banging on walls. Urinating on my garden. Parking across my drive. I tried to commit suicide. I wrote to him on the advice of the Chief Constable (yeah, I even got that desperate) and he told me I was the cause of it all. My daughter could not visit. Eventually, after an investigation by the National Association of Estate Agents, they backed me and evicted the tenants.

There's little love between me and him. And as a BBC Radio reporter he seems to think (and has proved) untouchable. This garden fence business and he thinking he has access, it's all just too much.

[des8]

Re: Boundary Issues

If you really do not want anything to do with your neighbour you could erect a fence on your side of the boundary at your own cost.
In view of the fraught situation between you I would suggest obtaining a copy of the registered plan from Land Registry, having it enlarged by a draughtsman and the line marked out on the land.
Then have a solicitor write to him stating that you intend fencing your property in line with your legal title, and giving him a set time in which to respond before commencing fencing works.
In that way you will have a fence which is your property, on your land, with which he cannot interfere, and without him accessing your land.

[Lowry1234]

Re: Boundary Issues

I have been in a boundary dispute for two years...with a neigjbour from hell...I had surveys done and did my own legal letters... Worse nightmare....neither party won....we ended up in court...
you need to check your deeds there maybe something in them he has access to carry out repairs....
i used Jihn maynard boundaries...great guy top expert and really helped me lost on his web site....
although my DISPUTE is settled,....I understand the stress....be strong and try to nip it in the bud....it can cost your health ...