FabSwingers.com forum: New neighbour

By *qua vitae OP Woman
over a year ago

Shropshire/Midlands

Took a walk down my garden yesterday, only to see my new neighbour of 6 months taking out the party hedge and claiming the land is hers!

Police say they can't do anything until a solicitor gets involved and the local planning authority say they can't do anything, because it's adjoining property, even though it's an ancient hedge! I've tried speaking to her twice, asking her to stop until the ownership of the boundary is firmly established, to which she replied, 'I'm not going to stop working in my garden'. Then proceeded to character assassinate me!

I guess no naked sun bathing this summer.

Anyone know a good, reasonable land surveyor along the M54 corridor?

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By (user no longer on site)
over a year ago

Is she planning on just taking it down or replacing it? Perhaps you're acting prematurely, it may be okay. It's still rude of her though. And surely less hedges that you own, the better in terms of maintenance.

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By *rightonsteveMan
over a year ago

Brighton - even Hove!

Build your own fence on your own land then You can naked sunbathe in privacy. Pity about the hedge and your neighbours character

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By (user no longer on site)
over a year ago

http://www.telegraph.co.uk/finance/personalfinance/11534634/My-neighbour-trespassed-and-cut-down-my-hedge.-What-can-I-do.html

Good advice here.

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By (user no longer on site)
over a year ago

Had the same thing (ish), except we got on fine.

They had checked their deeds, which said the boundary was theirs to maintain, but so did mine. Jointly owned.

They wanted to replace the hedge with a fence, I'd have preferred to leave it, but they had started the work in good faith, so I let it be.

You need to check your deeds before you lay out cash on a surveyor I think.

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By *ay BrowerMan
over a year ago

Oldham

[Removed by poster at 23/04/16 22:20:06]

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By *ay BrowerMan
over a year ago

Oldham

I would suggest you send her a polite letter asking her to postpone any further cutting of hedges/trees etc until you are both in a position to clarify the boundary and establish the associated responsibilities. Send it registered.

If it does get messy you want to be seen as the reasonable party who has took steps to prevent any issues and not the one provoking things.

Boundaries should be clearly set out and established within the deeds. It shouldn't be difficult to resolve.

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By (user no longer on site)
over a year ago

Do you have a copy of the conveyancing paperwork for your property, as that should show boundaries and who is responsible for which boundary.

You may find some information on Land Registry, but boundaries are not always clarified on there, as in who owns what. It may just show where the boundary is, but not if it is 50/50 etc. You can order plans etc online instantly for a fee.

If it was a newer development, there may be a head lease from the developer, explaining how the boundaries would be set out, but it sounds like your boundaries are old.

Even if it is hers, it seems rude to not chat to you about what is replacing it. The frustration for you is, that the hedge will be gone, even if you prove she is wrong.

Take photos of the works, not with her in it,but just to show the difference. In case it does turn out to be owned 50/50 or to be yours.

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By *mmabluTV/TS
over a year ago

upton wirral

Check the deeds of your house then sue the bitch if she is out of order

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By *qua vitae OP Woman
over a year ago

Shropshire/Midlands

Thanks for all your replies.

Our deeds/land registry say it's a party boundary, but she's claiming the boundary is on our side of where the hedge was (where we've put up some netting to stop our animals from getting through the hedge). She then wants to put a wooden fence there, that's not too tall in the new boundary location. She claims a survey had been done at the time of the sale, who said the boundary is where she says it is. I've asked to see this report, but I get excuses from her.

I spoke to a solicitor today through the legal policy I have with my house insurance, who advises the next step is a land survey. I've been keeping a diary and taken some pics. I don't wish it to escalate, but it's totally ruined the look of our garden.

If it's proven that she unlawfully removed the hedge, I believe she would have to reinstate it, though it won't be the same.

We're not unapproachable people. Previously, I've been in twice for a cup of tea and she gave me some logs when she had some trees cut down.

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By (user no longer on site)
over a year ago

Looks like you are doing everything right, good luck.

If the fence remains, which is what happened to me, I know it's not ideal but it is an opportunity to put in lots of groovy new climbers or even train some fruit. Mine is covered with bird boxes, climbers and bramble now and is a real addition to the garden.

Silver linings....

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By (user no longer on site)
over a year ago

I really feel for you I couldn't imagine how it would be if I didn't get on with my neighbour.

I'm looking to move away and dreding telling him, he's awesome.

Other night him and his band were practising I sat in the garden listening and texting my requests ha ha.

Must be horrid for you, make sure you take photographs incase she is on your boundary line etc and send her a recorded letter asking her to stop until it's been checked out.

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By *om and JennieCouple
over a year ago

Chams or Socials

I was looking at this for a friend on Thursday but my land law is very rusty.

It's advised that you take photos of boundaries when you view, move in then every 12 months.

A sole boundary is indicated by a T on the title play with the bottom of the T touching the boundary wall & the top line of the T on the land of the boundary owner.

A joint boundary shows a H.

With it being a joint boundary that she is replacing (at her own cost) you should get the nice side of the fence & it should run down the exact boundary.

Whoever is installing the new fence should be made aware of any dispute preferably prior to starting work.

I'm glad you have legal cover through insurance - please keep us updated x

https://www.gov.uk/your-property-boundaries

http://www.rics.org/uk/knowledge/consumer-guides/boundary-disputes-guide/

RICS also operates a boundary disputes helpline. They can put you in touch with a surveyor trained in boundary disputes who can give you 30 minutes free advice. The helpline number is 024 7686 8555

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By (user no longer on site)
over a year ago

Just carry on sunbathing nude. She's bound to call the police and when they arrive just explain that you are a naturist. Also say that before the hedge was removed nobody could see you and that it was your neighbour who cut down the hedge.

I cannot see the problem. As long as you do not have sex. I do not know the law but why should you stop enjoying what you do ? How can she complain about seeing you nude if before she cut down the hedge she couldn't see you.

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By (user no longer on site)
over a year ago

"Took a walk down my garden yesterday, only to see my new neighbour of 6 months taking out the party hedge and claiming the land is hers!... I've tried speaking to her twice, asking her to stop until the ownership of the boundary is firmly established, to which she replied, 'I'm not going to stop working in my garden'. Then proceeded to character assassinate me!

"
OH MY GOD! What an absolute horrible person! I genuinely feel sorry for you and you have all my sympathy!

Karma will get her!

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