Daniel Joseph Posted July 16, 2016 Report Share Posted July 16, 2016 Sorry you're suffering such hassle, M12MTR. As I understand it, if the fence (and posts) is wholly on their property, then there is little you can do legally, unless there is a covenant in the deeds that prohibits the erection of boundary fences such as this, in order to maintain the uniform "open plan" look of the estate. Unfortunately, such restrictions usually only cover the front gardens and the new fence doesn't appear to extend forward beyond the building line, so I wouldn't be optimistic. Link to comment Share on other sites More sharing options...
M12MTR Posted July 16, 2016 Author Report Share Posted July 16, 2016 Thanks. Appreciate the advice and thoughts above. Yes I'm on to my solicitor Monday who has a copy of the deeds from when we purchased the house. I agree he should have put the smooth side outwards.... but I do firmly believe he is just trying to be a tw8t. His objective is to ruin my enjoyment of my cars... end of. But he has merely made it worse for himself. ... I have to now (every time) fully reverse the cars to the front of our drive and therefore right in his line of sight from his living room (when he sits in his master chair and spies on folk). But I belive the fence is encroaching our land ...... I measured and it's not a uniform gap. This could be part of my solution with the solicitor. ... to have him move it. I'm all for causing him a total feking nuisance now. Game on in my eyes now. I have considered putting a nice set of double gates on - creating a nice secure car port area for us ;-) Link to comment Share on other sites More sharing options...
mike597 Posted July 16, 2016 Report Share Posted July 16, 2016 what a total knob, you've done well to retain your composure, I'd have struggled not to kick seven shades of out of him. Link to comment Share on other sites More sharing options...
Toeside Posted July 16, 2016 Report Share Posted July 16, 2016 I have considered putting a nice set of double gates on - creating a nice secure car port area for us ;-) That idea crossed my mind............he wouldn't like that ! ;-) Link to comment Share on other sites More sharing options...
Gutley Posted July 16, 2016 Report Share Posted July 16, 2016 Assuming the fence stays or gets moved back a bit it might be better to keep it that way around. It gives you a few more inches to open the car door than if it were flat to your side. Depends on whether you prefer practical or aesthetics. Keep up the good fight! Link to comment Share on other sites More sharing options...
Gutley Posted July 16, 2016 Report Share Posted July 16, 2016 And if it does stay, you now have a good place to dump any bits of rubbish that blow onto your drive. ? Link to comment Share on other sites More sharing options...
Nobbie Posted July 16, 2016 Report Share Posted July 16, 2016 You did exactly the right thing calling the police, in your job you really don't want to get involved in fistycuffs and maybe your neighbour knows this? It's unlikely that you'll be able to use any open plan covenants from when the estate was built to have the fence removed, as these covenants are usually in favour of the builders and only they can enforce them, which they won't bother to do after all the plots are sold. Occasionally the covenants allow residents to enforce, but I believe this is quite rare. As far as the position of the fence is concerned, it will be difficult and expensive to get the fence moved. Proving the line of the fence to within a couple of inches will be hard and if this gets as far as a judge, they are likely to take a dim view of their time being "wasted" on such apparent trivia, so don't expect to get your costs back from the other side even if they lose. Sadly, I think pursuing this legally is likely to be frustrating and not lead to a good outcome aside from incurring large legal bills on your neighbour which will annoy them. Also, bear in mind that you will now need to declare this dispute when selling your house and if you undertake legal action then this will also need to be declared and will put off many buyers. If you intend to move in the next five years, I'd try and ignore the slight encroachment and ignore the neighbour as best you can. Having nice cars makes you very vulnerable to malicious damage from deranged neighbours. Good luck with the tw*t, what's that you said about a slight misfire at 4000rpm? Maybe you need to investigate that on the driveway Link to comment Share on other sites More sharing options...
r1flyguy Posted July 16, 2016 Report Share Posted July 16, 2016 Is it me or has this fence created a resonance chamber??? Surely it's going to create more noise now Link to comment Share on other sites More sharing options...
M12MTR Posted July 16, 2016 Author Report Share Posted July 16, 2016 Fair comment.... a couple of inches inside our boundary might not sound like much but it does make ALL the difference as the drive is pretty much useless. Regards disputes yes I knew about declaring it.... but I believe he was audio / video recording us all last weekend. ... I have spoken to the council last Monday and logged all events since they started being quite nasty. I had no choice but call the Police - he threatened to fight me 4 times.... very aggressively shouting at me. And yes it may have been his way to try and get me into trouble re: my job???? (He is a retired deputy head teacher - he was a tw8t at work too apparently.... I know teachers who knew him and they don't say nice things about him). Link to comment Share on other sites More sharing options...
Boxbrownie Posted July 16, 2016 Report Share Posted July 16, 2016 1 hour ago, Gutley said: Assuming the fence stays or gets moved back a bit it might be better to keep it that way around. It gives you a few more inches to open the car door than if it were flat to your side. Depends on whether you prefer practical or aesthetics. Keep up the good fight! Now that is a very good point.... Link to comment Share on other sites More sharing options...
Gutley Posted July 16, 2016 Report Share Posted July 16, 2016 Now here a suggestion. Invite us all over for a BBQ so we can compare exhausts. Ask your neighbour to judge the one he dislikes the least ? Link to comment Share on other sites More sharing options...
Nobbie Posted July 16, 2016 Report Share Posted July 16, 2016 1 hour ago, M12MTR said: Fair comment.... a couple of inches inside our boundary might not sound like much but it does make ALL the difference as the drive is pretty much useless. Regards disputes yes I knew about declaring it.... but I believe he was audio / video recording us all last weekend. ... I have spoken to the council last Monday and logged all events since they started being quite nasty. I had no choice but call the Police - he threatened to fight me 4 times.... very aggressively shouting at me. And yes it may have been his way to try and get me into trouble re: my job???? (He is a retired deputy head teacher - he was a tw8t at work too apparently.... I know teachers who knew him and they don't say nice things about him). I thought you were a teacher, but may have misremembered that. If you haven't already found it, this is a very useful resource to investigate your options http://www.gardenlaw.co.uk/phpBB2/index.php?sid=0a8874582fc3a3560ab92d21bbb33e5c Link to comment Share on other sites More sharing options...
M12MTR Posted July 16, 2016 Author Report Share Posted July 16, 2016 Thanks for the link Nobbie. ... and yes I'm a school teacher.... hence I will not allow myself to lose control. Link to comment Share on other sites More sharing options...
guest1 Posted July 16, 2016 Report Share Posted July 16, 2016 What a nightmare M12MTR ....... Unfortunately I am not a lawyer and cannot offer legal advice, however can I suggest you check your home insurance policy -- many of them now include free legal advice, this could be just what you need. At the end of the day, legal advice or not, it sounds like this is going down a path that you have tried in vain to avoid and you should take heart from the fact that you have tried to avoid it. It seems that your neighbours are hell bent on a bit of a scrap with you (god only knows why, don't spend any of your energy trying to deduce the "why") which means that there will be no winners, there will only be losers. Link to comment Share on other sites More sharing options...
M12MTR Posted July 16, 2016 Author Report Share Posted July 16, 2016 "Why"?? I know she asked me 2 years ago to "not step on our chippings (that run along our drive)". Did I mention she has an-aspergers type brain condition after she nearly killed herself 4 years ago - fell down her own stairs and was brain damaged and in a coma for 4 weeks.... then she slowly came back to health. But this is when it started going wrong.... she has fallen out with her family and friends according to her husband (he told us this 3 years ago before all this went pear shaped). Apparently she speaks her mind and has no emotional intelligence. ... so speaks out frankly... and she is clearly targeting me now. The husband is a lap dog and runs to her every word. Really sad but I will stand up for myself over this. It's down to principle and is the perimeter measurement correct??? I think it's not. But it's gonna get costly to prove it. But I will try. Link to comment Share on other sites More sharing options...
guest1 Posted July 16, 2016 Report Share Posted July 16, 2016 Maybe it is cheaper and less stressful to move house ? In all honesty, I wish you good luck on this one their behaviour is neither fair nor appropriate. Link to comment Share on other sites More sharing options...
Stuart21UK Posted July 16, 2016 Report Share Posted July 16, 2016 19 hours ago, M12MTR said: Here's the fence; I could be wrong but a Boxster backed into that driveway and revved to about 6000 rpm will reverberate very nicely... could his 'fencing' have backfired on him given the original issue? Link to comment Share on other sites More sharing options...
M12MTR Posted July 16, 2016 Author Report Share Posted July 16, 2016 Yes.... I agree.... I also said to him I "would have to fully reverse now.... in their sight of vision and leave all of my cars at the far end of my drive...even in front of their house". And if they think I will tiptoe around and change my (normal) habits of washing my car at a weekend then they are sorely mistaken. Lol. And no don't fancy moving house because of one to553r. It's a really nice estate and we have enjoyed living here for 9 years. Link to comment Share on other sites More sharing options...
Stuart21UK Posted July 17, 2016 Report Share Posted July 17, 2016 good for you Link to comment Share on other sites More sharing options...
Paul O Posted July 17, 2016 Report Share Posted July 17, 2016 If he has erred ted that fence on your land, I'd have him move it and take it trough the courts regardless of whether you may win or not (assuming you are ok with the cost). And then appeal. And appeal again and whatever else the legal system lets you do, just to p*ss him off even more. It's your land, folk can't just steal it. as for fences as others have said, check the deeds. You did well keeping your cool. I'd have gone all keyboard warrior on him after the kids were out of sight (assuming I thought I could win ). Police is the way to go. whilst you might have to declare this argument should you sell, so will he. What a fekwit. In the meantime, I think you should invest in a Larini exhaust for every one of your cars. Maybe buy an old snootter too with 12 months MOT. That would look awesome on the kerb outside his front window for the year. It could arrive in the dead of night and not move until it's next MOT. On a serious note, this all sounds so extreme, you are either being more selfish with your car movements than you realise, or this guy is genuinely loosing his marbles. These ain't the actions of a sane person. Link to comment Share on other sites More sharing options...
M12MTR Posted July 17, 2016 Author Report Share Posted July 17, 2016 Thanks. .. yes ... I have genuinely not caused a nuisance. .... and yes I will not step aside for this idiot. I will go about my normal (family) business as usual. I will check the deeds and take this further legally. .... 2 inches my side makes a LOT of difference in this case .... where HE has enclosed my drive. Onwards and upwards ....... bring it on. Link to comment Share on other sites More sharing options...
PaulQ Posted July 17, 2016 Report Share Posted July 17, 2016 If the fence is on his land, I doubt there is anything you can do about it i'm afraid. Good luck though, whatever you decide to do. Link to comment Share on other sites More sharing options...
mike597 Posted July 17, 2016 Report Share Posted July 17, 2016 I just hope a strong gust of wind doesn't bring it down. Can be expensive to repair fences broken by wind. Link to comment Share on other sites More sharing options...
M12MTR Posted July 17, 2016 Author Report Share Posted July 17, 2016 Thanks mike. ... yes I have tested the structure. .and indeed it's not that sturdy that wind could pull it down... lol. I'm only now thinking about what next..... he f3ked my back fence... then the side along my drive.... does he plan on erecting a fence along the front garden??? I could return tomorrow from work to find a fence (of whatever description ) along our drive. If I arrive home to this I would seriously not accept it... and I may even resort to a bumpf. Also .... I now HAVE to step on MY stone chippings at the side to get past my car on the drive. .... how do I stand if he digs them.up???? Sorry to be soooo paranoid but I'm ready to fight now. Link to comment Share on other sites More sharing options...
M12MTR Posted July 17, 2016 Author Report Share Posted July 17, 2016 ^^ who the fek does my neighbour think he is???????? Link to comment Share on other sites More sharing options...
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