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Boundary dispute

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  • Boundary dispute

    We have lived in our property in since 1982, the neighbours moved in approx. 5 years later, the property is detached bungalow the West boundary belongs to us, we were informed by the solicitor on conveyancing that we had at least a meter access to the side of the bungalow, which has services and a window to the side so access is crucial to the property.
    In 2019 we decided to place the property on the market for £350,000.In 2020 the neighbours placed a fence April 2020 to the West front of the property whilst the house was on the market. this then blocked the side access off, We told the neighbours we did not want a fence erecting, sent them a registered letter detailing that they have not followed the HMLR protocol in any way, informing them they required to have a survey carried out before erecting the fence on our boundary.
    5 June 2020 : they added a further extension towards the bungalow making the 495mm gap reduced by 200mm.
    6 June 2020 : they added a further extension towards the bungalow reducing the gap to less than 200mm to our bungalow wall?

    We had no choice removed our bungalow from the market. we were informed by the estate agent that we could not sell the house until the matter was resolved.

    We were at a loss of what to do, so I blocked the 200mm gap with a pallet and bricks, then started to clear our Hedge at the rear west of the boundary to create access from the rear.

    11 June 2020 We had a visit from the Police stating they had a complaint from our neighbour of Anti Social behaviour??

    The Lady constable that attended had a look at our letter sent to the neighbour, we shown her our title deeds and aerial photos, then told the neighbour to remove the angled extension sections of fence asap, advising us to seek legal help,

    On checking our Photographs it was evident that the Neighbour's had been cutting the Hedge Vertically slowly over many years to take our Land from Top to Bottom, even using Garrotting technique that we had never seen, to Kill the Hedge slowly?? At the rear of the property we had a 4mtr Conifer Hedge cut vertically in half, at the front we had a 2Mtr mixed hedge also cut vertically in half??

    Sept 2021The police attended after we called the to see what we had found, they wrote a 2 page letter to the neighbour, giving him a written warning. He also admitted the damage to the Police stating he had a dog???

    20 June 2020 We had a full Topographical Survey carried, showing they had placed the front fence completely in our garden,

    !0 months later the Neighbours had a Survey carried out by Direct Line showing the Bungalow wall as the boundary and placing our front Hedge in there front garden?

    We were Insured for Trespass by Admiral at the mediation process i Found out that Admiral are part of the DLG group? so Admiral just fobbed us off so we funded our own Surveys and expert witness, at the moment it has cost us in access of £26K still going on now well into our 4th year.

    The Mediator brokered by DLG was very good, in a short time had the measure of the neighbours telling them that we must have access to the side of the bungalow and our Expert Witness report was done in a forensic manner.

    TBC if any one interested

    Tags: None

  • #2
    Hi Christine G

    Welcome to LB

    Well Done on resolving the situation, gathering evidence is the key.

    Especially when the neighbour has an agenda, so you can demonstrate exactly what has happened.

    Comment


    • #3
      Hi Christine G, At least you were lucky with the police, we returned from our holiday and found the neighbour had removed the original hedges and replanted them tight against our wall effectively taking away our narrow access to the side of our newly built extension, we called the police showing them photographs of how it was but they said they are not boundary experts and walked away.

      Comment


      • #4
        Sorry i forgot to introduce myself, im new here, i am still fighting this encroachment and trespass ten years on with our insurers refusing to help, various expert reports, solicitors, Barrister and a civil trial costing over 100K, happy to share my bitter tragic experiences but any one knows or has any experience with the supreme court please? Thank you in advance.

        Comment


        • #5
          Originally posted by Mehran View Post
          Sorry i forgot to introduce myself, im new here, i am still fighting this encroachment and trespass ten years on with our insurers refusing to help, various expert reports, solicitors, Barrister and a civil trial costing over 100K, happy to share my bitter tragic experiences but any one knows or has any experience with the supreme court please? Thank you in advance.
          If you could kindly put your experience on your other thread, I would be grateful.

          So are you considering taking the matter to the Supreme Court?

          We are dealing with a boundary issue at this moment in time, in our case he (neighbour) used string and bricks along the shared drive, then said our 'outbuilding' has been built on his land. Then he's told 'neigbours' we've stolen his land. Then he's dug up a square trench against our 'outbuilding' and it's been like that since October last year. That's partly because the Council is looking into his storage / boiler room. The Council were waiting for it to be built before they look into it. He reckon's he's a 'builder', but I wouldn't trust him with 'Lego'.

          https://www.supremecourt.uk/procedur...20Court%20(PDF)

          Comment


          • #6
            Thank you for the link, i found this last week, i have called them and made enquiries, just looking at their various fees.

            Comment


            • #7
              Originally posted by echat11 View Post

              If you could kindly put your experience on your other thread, I would be grateful.

              So are you considering taking the matter to the Supreme Court?

              We are dealing with a boundary issue at this moment in time, in our case he (neighbour) used string and bricks along the shared drive, then said our 'outbuilding' has been built on his land. Then he's told 'neigbours' we've stolen his land. Then he's dug up a square trench against our 'outbuilding' and it's been like that since October last year. That's partly because the Council is looking into his storage / boiler room. The Council were waiting for it to be built before they look into it. He reckon's he's a 'builder', but I wouldn't trust him with 'Lego'.

              https://www.supremecourt.uk/procedur...20Court%20(PDF)
              Hi Echatt, Yes i have no previous experience and it is a huge field for a novice, but i understand that the supreme court is the next step going forward since all our appeal requests were sadly turned down last year.

              Comment


              • #8
                Originally posted by Mehran View Post

                Hi Echatt, Yes i have no previous experience and it is a huge field for a novice, but i understand that the supreme court is the next step going forward since all our appeal requests were sadly turned down last year.
                Misunderstanding there, I was referring to 'happy to share my bitter tragic experiences' .

                You don't have to, but it would be useful.



                Comment

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