***URGENT*** legal [Archive] - SXOC Bulletin Board

Cath

18-05-2004, 21:18

Check your building plans and make sure it actually is your fence.

I only own the fence on 2 sides of my garden, the 3rd side is the responsibility of the house next door.

If its yours, then they are wrong but falling out with you beighbour isnt a good idea for future living...

He has tried to bully me cos i was a female living alone since i moved in. I have been nothing but friendly and polite. We are young and create no noise etc and are out at work while they are at home (retire old couple).

Then one day he started demanding land saying it was his ? i advised to check the deeds - which i have and its not.

The fence is rightfully ours also. But he didn't want legal costs i'm gathering and why he has done it this way ? but where do i stand? do i have a right to go chop his down?

One reason i called police but they will be held up. I just want to go out and chop it down

why do i always try to do things by the law and there is people like this !!!!!!!!!!!

Midgers

18-05-2004, 21:20

Give me your address chuck I'll pop round with a few mates and some ;) Tools of my trade ;)

Cath

18-05-2004, 21:22

I want the police all clear first as i don't want a criminal damage

but do you have a chain saw :cry:

I'm crying like mad but i know this will turn into anger soon and he will regret the day we moved in :mad:

GmasterT

18-05-2004, 21:27

Condonences Feisty... :(

Thats bang out of order.. :whip: It's gotto be criminal damage on the car alone! Just keep calm & have a cuppa or something, getting angry wont solve anything!

He's no right to do that, if he didnt like the colour he should have painted it or put his one up next to it.

:annoyed: :furious: :mad:

Midgers

18-05-2004, 21:27

We won't need a chainsaw ;):D
Like you said - You've got me number :nod:

Martin T

18-05-2004, 21:35

Hope you get this @rsehole. My little brother's a policeman and I'll be able to talk to him tomorrow.

elvis

18-05-2004, 21:44

phone the citizens advice beaureu 4 a start. If u need 2 talk 2 a solicitor b aware that the first hour is not always free - as some people think.

golders

18-05-2004, 21:45

what a Bar Steward!

As was said before - be careful as falling out with your Neighbours is no fun!
A year ago the muppet next to me erected a fence which was 2 foot over our front garden - lucky we were renting and the landlord sorted it out but the neighbour (who was a pikey) was too much to live next to - hence we moved out 2 months later!

golders

18-05-2004, 21:46

you need to post up pics!

Rude Dog

18-05-2004, 21:52

Sounds pretty cut and dried really Fiesty. Nail him to his fence, then kick it down :nod:

David_S14

18-05-2004, 22:15

There is some good info on the Garden Law Forum (http://www.gardenlaw.co.uk/phpBB2/viewforum.php?f=4&sid=76db1db2f5bd60a30ff3085688b9cf0e).
There are a few threads with people removing fences etc.

Cath

18-05-2004, 22:24

GmasterT

18-05-2004, 22:30

It at times like these a big hug smiley is required :(

Wait untill martin gets to ask his bro about it.

What exactly is the damage done to the car?! And wheres Ade when you need him?! :whip: :smash:

David_S14

18-05-2004, 22:56

From the Garden forum:

The Police detest getting involved in "boundary disputes" so you must emphasise that your complaint is not a "boundary dispute - civil matter" but a complaint of criminal action and you expect the Police to take action and enforce the law.

You should go to the police station and state what was said by the attending officers and that you were unhappy with how you were treated, say you returned home to find your fence removed, your property damaged and ask why this clear case of criminal damage is not being investigated.

If the Police refuse to prosecute - make a formal complaint to the Police Authority - failing to enforce the law. That may move them to action, if not the Court boundary dispute. It can be done without a Solicitor but it is tricky and inadvisable and you will need to know what you are doing. If you are not working you may qualify for Legal Aid - that would assist you with the legal costs but not the worry of a Court action hanging over your head.

From what I can gather it's much easier if the police get involved as the CPS will sort it out so it's best to really push them.

Cath

18-05-2004, 23:20

Cath

18-05-2004, 23:23

for the record ! i hate this fcuking house and i wish i never moved to scotland !! I never had to deal with so much sh$t in all my life than i have since i set foot in this house - i hate it :cry: :cry: :cry: :cry: :cry: :cry:

Cath

18-05-2004, 23:34

Original - the fence used to enclose the whole drive - but we removed the front to allow car access - also allowing our neighbour ease to remove one side without it being attached.
Seems a rushed job this week as the arrival of bricks and gravel at the weekend for us to lay the new drive

The extra posts around the oil tank where to erect a new fence to enclose it off
http://www.imagestation.com/picture/sraid117/pda20e680242b31e333b6a75a77a4b9eb/f89f8f49.jpg

http://www.imagestation.com/picture/sraid117/pfb149a7a44fed3d7b1f3e68922201862/f89f92b4.jpg

http://www.imagestation.com/picture/sraid117/pea28dbd15d5de9fccfd0fa60467c2840/f89f92b9.jpg

http://www.imagestation.com/picture/sraid117/paf699770b5c3209a114661a930511b7e/f89f92b2.jpg

GmasterT

18-05-2004, 23:57

I do feel really sorry for you... I would go out tonite & paint it blue... :D

Also, it looks to me as though his 'supports' are on your side... :down:

FRH :(

Rude Dog

19-05-2004, 00:28

Looks to me like the posts have gone walkies too. Another point for you................theft. I expect his builder took em when they ripped them up. If I lived near you I'd come round now, tear it out and put yours back for you. Why do you have to live so far away :annoyed:

GmasterT

19-05-2004, 00:35

Why do you have to live so far away :annoyed:

:nod: Ooooh, another 'debt collecting' job for us Rude!!!! (I'm not changing fences in my suit though... :no: :whip: )

Matty T

19-05-2004, 01:07

I do feel really sorry for you... I would go out tonite & paint it blue... :D

I was going to suggest that :nod: Would seriously seriously piss the man off.

But ide contact your solicitor first to see what he says. It is blatantly criminal damage and god knows what else, the police are just :furious: and want to get back to doing their proper job (i.e. making money off motorists :mad: ), hope you got names of the officers etc...

Also, it was always my understanding that if the supports are on your side you own the fence.

Chavbo

19-05-2004, 01:27

Scottish laws seems to be different. They weren't interested in trespass - more or less said theres no such thing so i'm gathering i can just go and walk on anyones land up here !?!?!? :annoyed:

no such thing as a trespass law up here as far as i know :no:

sorry to hear it tho, thats a total cnut :( tbh if it had been me i'd have probably done the same to his fence and made sure i got a few digs in at the car too, thats not on :rant:

tim rome

19-05-2004, 05:39

disputes with neighbours are a pain. i am not sure what your laws are up there but down here you have to mention disputes when selling your house, so it could prove a problem if you want to move. there was a case of someone not declaring a dispute with the neighbours and they were told by courts to pay about 30k compensation to the buyers :eek:

2 Black Lines

19-05-2004, 08:08

Ade here but we can't do anything to the neighbour i want this all legal, also i am the owner of the house, it is in my name.

Scottish laws seems to be different. They weren't interested in trespass - more or less said theres no such thing so i'm gathering i can just go and walk on anyones land up here !?!?!? :annoyed:

There is a dent in the front wing and a dent in the door - the police wouldn't budge on it and wouldn't do a thing. Because my neighbour said his solictor gave him the all clear to remove the fence they are not interested. Although i asked did they see documentation etc and shouldn't they have contacted me - didn't care and in his words "love its 10pm at night n not a time to br dragging all through this, i advise you go and do it legally" ........... well fcuk me i thought i was doing it legally contacting u !!!!!!!!!!

Through all this i can gather my neighbour has been let away with damaging and removing my fence. trepass and damage to my car. but when i asked the copper if i could do the same no?!?! wtf 1?!?! one rule for one and another for me !?!?

I am contacting my solicitor in the morning but as for the police :censored:

Feisty/Ade keep cool, up here in Scotland things are slightly different, now this tube has opened a big can of worms,

1 See cits advice, more helpful than you think,

2 get your title deeds checked and a suryeror to check to 'define your borders'

3 boundaries between properties DO NOT always go in straight lines, sometimes they are at queer angles and not running at 90 degrees to house / garage etc.

4 Don't worry about the car, if your are correct it will form part of the claim.

5 Do not alter anything, paint, tear it down etc, then you do have a problem.

6 any communual areas? does he have to go by your house to get to his etc or the other way round?

Been in something similar, Yes, police are useless, but be prepared for a fight,
it might take years to solve this, and quite costly. Does he do anything illegal?

Sorry this tube is you causing grief. :thumbs:

chris250

19-05-2004, 08:47

i'd say if the fence is further over into your land than the previous one then check out if the previous owner had checked his boundries before starting a legal battle. if he's on your land then i'm sure a solisitor would be only too happy to proseed with criminal damage to your car and your land, theft of the origional fense posts (trivial but every little helps, these things aren't free) compensation for the greif and stress he's caused, and legal fees.

if he's in the right about where the fence goes then you should still pursue for the damage to the car, accidental or not who ever built it should have insurance or hopefully deep pockets

Dave_S

19-05-2004, 08:53

Man that sounds like a shitter :(

Theres some good advice up there though ^^

Dave

R33-Drifter

19-05-2004, 09:21

aye - thanks for the posts, and all of this we know

we are doing as black lines has stated

He as done this the c*nts way, now we are not gonna stoop down to his gutter level and fdo the same back

At about 11pm last night I had had enough and was raging and storming on my around to the old tw*t, but Cath managed to stop me and get me back in the house :mad:

We cant do anything tell weve spoke to our solicitor!!

If they say theres nothing we can do with him pulling the fence down, then theres nothing he can do to us when we rip his new fence down :D

and if thats acidental damage to my car, then I might walk past his car and accidentally trip over with a hammer in my hand or something :D

We can play funny too, and by god, we can play better games than him :nod:

But we need to know where we stand and do things theough the right channels!

and at the moment this is first talking to the solicitors

Cath

19-05-2004, 09:23

The road you can see in the picture is a private access road for the houses.

My neighbour has his oil tank and burner on this private road as well as taken off of it for planting.

My neighbour bought his house with that fence standing.

The fence has been up for 6 years and was put along the original fence line.

We have copy of receipt from previous owner. Statement also saying this.

I bought my house with it standing.

My neighbour has tried to rule my movements since i moved in but i won't be bullied. Only this contesting the fence has started in the past month. I have live her 9 months.

A survey was done when i bought the house and nothing brought up.

The previous owner told me about a dispute on the other side where i have - she has been assaulted. When i raised this with them they admitted they had problems too but not much of an issue as she classed the assault as more but alot seems to be coverd.

Anyone visiting gets harrassed to where they park and who they visit by this neighbour.

Solicitor is being contacted - i am also going to take a formal complaint with the police. I want answers - i maybe 23 and pushed aside last night for what they will see as young couple against poor old couple but they have viewed it totally wrong.

I may have been unable to do anything but cry last night but now i have had enough of being walked all over................. :indiff:

I saw them this morning out in their little porch conservatory that they always sit in smiling. I stood for 5 mins just staring right through them. They couldn't even look at me ....................... :indiff:

Treating my fiesta like a whore this morning has been my only satisfaction :indiff:

Vez

19-05-2004, 09:27

Why dont you ask your solicitor?

Cath

19-05-2004, 09:30

Why dont you ask your solicitor?

we have vez - we have done it through the correct lines but this is what can happen while we try to do it legally.
Now i am on to the best solicitor recommended - but its gonna cost.

I just can't believe we do it like this but up here it seems people can do what hes done and nothing is said. So i could come and sit in ur garden tonight and trash it and u can do NOTHING about it.

docwra

19-05-2004, 09:34

I used to be a fencer you know ............. :)

The original fence is orientated so it would belong to him, your neighbour - the laterals are on his side. The new fence is the other way round, and the posts AND laterals are on your side and past what I would imagine to be the boundary - I would tell you that generally boundary lines will run down the edge of buildings such as that garage/shed thing. Any fencer worth his salt should know that - I dont know how the bloke who put this one up missed it. Either way, the line of featheredge appears to be right on the boundary, which means all the shit holding it up is yours.

As the fence is on your land, I am 99% you are within rights to rip it down and do what you like with it. I would double check the title deeds first, but we have had to do something similar before. We also got to re-erect the fence a foot further over using the same gear - a winner all round :thumbs:

Is he trying to claim the old fence was his?? It needs to be or he needs some kind of agreement from you before he can remove it or that counts as criminal damage.

By the looks and sounds of things, you need to calm down, ascertain where the boundary line is and whose fence is whose, and then you can look at you options.

PM me or whatever if you wanna know any more :)

chris250

19-05-2004, 09:35

there is no tresspassing laws in Scotland but if you start trashing my garden i warn you, you might make it look better than it origionally did :p

Vez

19-05-2004, 09:37

chris250

19-05-2004, 09:39

all the shit holding it up is yours.
:)

simple solution, remove dirt from your land that is holding it up and then if it falls then it's an 'accident'

just remember to remove your car first :D

Cath

19-05-2004, 09:40

The fence is ours even thos the posts on his side. It was put up before he was there with old owners both sides permission - along the original fence line and full receipts for it are at hand.

It used to be higher and we reduced it in size. We gave a curtosey knock to advise what we were doing (ie cutting in down in height) and in his words as witnessed "it is UR fence you can do whatever you like with it" our answer "yes we understand that we just wanted to tell you what we shall be doing today as we need access all around".

That was done over a month ago

If i had been in the company doing it would have been advised there was a dispute and no work would have carried on but hes taking advantage that we were working!!!! :mad: remind me to sit on benefits so i can watch the house 24hrs a day

R33-Drifter

19-05-2004, 09:40

You came in my garden and started trashing it, I would use "resonable force" to incapacitate you until the authorities arrived. ;)

But your gonna have to grin and bare it whilst it goes through the legal channels :(

And then you would be up for assualt Vez :D ;)

THis is why we are in talks with are solicitor to see what we can and cant do legally!!! unlike he has done!!!

Else I would happily go around there, and I know the old tw*ts got a heart problem, so could quite easily probably finish him off if I argue hard enough

R33-Drifter

19-05-2004, 09:43

simple solution, remove dirt from your land that is holding it up and then if it falls then it's an 'accident'

lol, fence posts are stuck about 3 foot in the ground with fecking loads of concrete around it, so its not that easy :D

Cath

19-05-2004, 09:43

roflmao - if any of you could have witnessed myself and ade last night - we looked like we should have been locked up - luckily when either one lost the plot the other was in a sesnible mind to stop the other party.

I did not have a carving knife in my hand at any point last night :indiff:

chris250

19-05-2004, 09:47

lol, fence posts are stuck about 3 foot in the ground with fecking loads of concrete around it, so its not that easy :D

remember when all this is sorted out and he is footing the bill you want yours reaching 6 feet under ground and encased in concrete (the fence posts i mean) :nod:

Cath

19-05-2004, 09:49

I am also going to live the life we want - from day one i have considered them - never loud - never have music etc etc.

Not anymore - when this is settled i am having the house party i was meant to have! before i decided against it as i didn't want to upset the neighbours :(

docwra

19-05-2004, 09:50

lol, fence posts are stuck about 3 foot in the ground with fecking loads of concrete around it, so its not that easy :D

24 inches and the concrete wont have gone off fully yet. Get in there and give em a bit of a waggle and the fencer will have to come back to sort it out :thumbs:

I still reckon all you need is the deeds. If you can show that the posts and laterals are on your land, you can remove it, no questions asked :)

Cath

19-05-2004, 09:52

what about if this house is so old the deeds just show lines ?

R33-Drifter

19-05-2004, 09:59

I still reckon all you need is the deeds. If you can show that the posts and laterals are on your land, you can remove it, no questions asked :)

Totally agreed mate :nod:

This is why we told him to go to his solicitor and see where the fence suppost to be

We could stand there all night pointing and assuming where it should be with each other, but we need proof - and this is what we told him to get

If it was in the wrong place, and he could prove that, we would of sorted it

But he moved it because he wanted to, and has nothing to back it up, this in my eyes was wrong

and again, why were are seeking advise from are solicitors to find the exact right answer before we do anything

docwra

19-05-2004, 10:02

In my experience, the lines shown on the deeds have some relation to something, even the really old ones.
They will usualy come off of a wall and go in a straight line to another point - a drain, another house, a road - something like that.
If you have a fence line coming out between two terraced houses for instance, then it will usually be equidistant between the two far corners. If the houses are different sizes, then it will be just off the middle drainpipe off the gutter. You can also dig down a bit and try and find old fence posts.
This is the boundary of land, and anything over that boundary is the property of the land owner. We used to get agreement on lines before we put fences up wherever possible, but we have had to take one down where the householder got it wrong.
In english law (dont know about scottish though) there is also something where if a fence stads for 12 years, even if its in the wrong place by the original deeds, the boundary can change - doesnt look like that is an issue here though.

Dewfinitely get out there and shake the posts as soon as you can - if it hasnt been raining they wont go off for 2 odd days, ann then old mateys fence will be proper shaky. Do this often enough and he might give up :D

Method0ne

19-05-2004, 10:25

Not to be pedantic and get too far off the point here, but I feel I have to ask;

If it werent for your property (i.e. your car and anything else) being damaged, would this bother you so much?

Now, I dont know you, nor you I, but from looking at the pictures, nothing much at all has changed, barring maybe the position of the fence by a few inches (give or take).

Granted, your property was damaged, and as thus you have the right to be rather incensed about all this, and I dont blame you at all for taking legal proceedings, in fact I wholeheartedly agree with you doing so, I just had to ask.

Regarding deeds and property lines, if the deeds/plans you have dont adequately prove that the land (and thus the fence contained therein) belong to you or the other party, then a surveyor should be called in to assess the situation, if this proves the land is yours, and your neighbour has taken illegal proceedings by removing the old fence from your property, and erected a new one (again looking at it, on your property), then you will be able to recoup the costs involved with hiring the surveyor when it goes through the courts. This may be costly though, as if it is proved the property is that of your neighbours, you'll have to foot the bill entirely, alas it looks the only way to be sure though.

In any event, you still have grounds for criminal damage, accident or no, for the damages caused to your property, and as such the police should have been a lot more helpful regarding at least that aspect of things. I'm not sure how they view trespassing up in Scotland, but surely there should be some kind of applicable law, emphasis on *should*.

Good luck with resolving this dispute, hopefully with as little extra pain as possible.

(edited for clarity)

Tricky-Ricky

19-05-2004, 10:26

Don't see how there is any reason not to paint your side blue though! or even wallpaper the fecking thing ! ;) :whip:

RohanC

19-05-2004, 10:36

What a nightmare, feel really sorry for you guys...

You dont think the guys a freemason or something do you?? Could explain the Police's rather useless attitude :indiff:

Cath

19-05-2004, 10:40

we are hitting a brick wall here :cry:

no one wants to know and i have been advised if i move his and he has put it on correct line i will be sued.

But they won't answer why is he ok when he done the same ?!?!

Cath

19-05-2004, 10:45

Not to be pedantic and get too far off the point here, but I feel I have to ask;

If it werent for your property (i.e. your car and anything else) being damaged, would this bother you so much?

It bothers me as my neighbour is a bully and for the past month it has been demands - we wanted to sort this correctly and politely - we offered to sort it through the deeds and he jumped ahead

Now, I dont know you, nor you I, but from looking at the pictures, nothing much at all has changed, barring maybe the position of the fence by a few inches (give or take).]

a few inches maybe but this just lines him up for what else he wants - at the moment he rules the access road with oil tanks etc - stop visitors coming on the access road etc. He has what he wants a coloured fence that he likes without permisson - so yes he is satified with the outcome while we have to pick up the pieces

Regarding deeds and property lines, if the deeds/plans you have dont adequately prove that the land (and thus the fence contained therein) belong to you or the other party, then a surveyor should be called in to assess the situation, if this proves the land is yours, and your neighbour has taken illegal proceedings by removing the old fence from your property, and erected a new one (again looking at it, on your property), then you will be able to recoup the costs involved with hiring the surveyor when it goes through the courts. This may be costly though, as if it is proved the property is that of your neighbours, you'll have to foot the bill entirely, alas it looks the only way to be sure though.

this is what we wanted from the beginning no guesses - just straight forward yes or no - we said to do it through the deeds he did not want too

In any event, you still have grounds for criminal damage, accident or no, for the damages caused to your property, and as such the police should have been a lot more helpful regarding at least that aspect of things. I'm not sure how they view trespassing up in Scotland, but surely there should be some kind of applicable law, emphasis on *should*.

no trespass law in scotland - i am complaining to headquarters about their policing last night - thanks

timbirks

19-05-2004, 10:51

this bloke sounds like your average bully boy. Get your old man to sort him out.

archenemy.co.uk

19-05-2004, 11:46

We have some elderly friends, a few years back some fella moved in next to them. All was fine for a while. Then fella decides hes going to help himself to 20ft of land at the back of his property up an old railway embankment and slash and burn all the lovely old trees etc that were growing there. Locals complain about smoke etc of the fires, council comes to investigate and tells fella to put his fence back, he does so. Fella has it in his mind that our friends were behind the whole complaint whipping the neighbourhood up against him etc when this is not the case.

So then Fella wants to do some work on his house he wants a bigger garage on the side next to our friends, but you can't build within a certain distance of a boundary. Solution? he pulls the fence up and moves it 1 foot into friends garden. At this point Police and council don't want to know - sort it yourself employ a surveyor go through courts takes ages costs a fortune etc, no wonder most people can't be bothered and give in. Turns out fence was in right place in the first place. Friends are old and not in good health and so wanting a quiet life think its not too bad and leave it. Then the plans for the garage come out and all becomes clear, plus the garage is way higher than the old one - with a room under neath, and is serviced by an enormous concrete ramp, Hmm nice. Fella gets it through planning but on building he doesn't go by the plans, changes stuff to suit himself, and has to be corrected by the planning department, and in fills the boundary down to friends property running up over their damp coarse :eek: So Friend gets his house insurance involved and they force fella to rectify it.

Recently fella has moved out on to the pavement about a foot and tried to move the front corner in to friends garden another foot so he can fit some huge 10 foot high prison style sliding gates across the front. This is in a very nice area, no need for them. While friends are away fella pops in to friends rear garden to change the fence to a see through type chainmail, presumably so their 2 big dogs can bark at friends through the fence and invade their privacy. Friend has now put up a couple of immovable concreted in objects right on the boundary

The moral, some people have no fecking respect for you and will bully you to get what they want if they think they can get away with it. The good bit, councils in england have more power to help you now under this recent nuisance neighbour law. Sorry that you're in Scotland.

I replaced my fence with my neighbour after one of the panel blew down recently. We checked whos fence it was - mine. I suggested I replace the whole lot as the rest was p*ss Poor. He agreed, I told him I'd have to trim some of his bushes overhanging our garden (may right anyway) he agreed, I even showed him the fence I'd bought before I put it up. I took photos before and after and even gave him a couple of inches back as in my opinion the last owner shafted him on the boundary. This is the way to do things, why do some people have to be so out of order. :rant:

Cath

19-05-2004, 11:50

The police officer didn't even not on system that the car was damaged. The incident has been noted as damge to fence and thats it. :eek: :eek: :eek:

I have put in a formal complaint :indiff:

simonas

19-05-2004, 12:11

ARGHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHA ARGHHHHHHHHH ARGGGGGGGHHHHHHHHHHHHHHHHHHHHHH

ffs the police did nothing. won't do anything. Were rude :(

Won't do anything about the car and in their words is accidental damage?!?!? SOME ONE TELL ME WTF THAT IS ALL ABOUT!!!

went to see our neighbour and said on his lawyer had advised him to remove the fence.

I asked what would happen if we went and removed his - he advised not to and to go to a lawyer :cry:

I was just about to say the police will do bugger all and not involve themselves in a neighbour dispute. Seems like a civil matter maybe to small claims for cost of fence or in relation to a boundary dispute. they get costly which is annoying for you

simonas

19-05-2004, 12:15

mattpayne

19-05-2004, 12:16

Jesus... thats moody hun... :(

the new fence doesnt look too bad, and hes not stolen much, but it is the principal of the nmatter... bloody old people...

Id be proper enraged!!! I cant belive that noone (police etc) want to know - if you accidentally moved his living room wall im sure the police would take more interest... basts... :mad: :mad: :mad:

looks like this could spoil your summer as its not going to go away... :(
good luck :)

on the bright side... you will get a chance to pee on his grave... :D

GmasterT

19-05-2004, 12:20

Another 'option', buy/borrow an old Land Rover and 'accidently' back into it & knock it down. If mine did more than 8mpg I would come up & do it for you!!! :nod: :whip:

Midgers

19-05-2004, 12:22

No tresspass law eh?
Lets have a BBQ in his garden then :)

Alternatively - You two go out. Somewhere you can prove you've been, for a long time. Your work for example. I'll pop round in a 4 tonner and remove this fence :smash:

Nowt to do with you guys.

2 Black Lines

19-05-2004, 12:29

The police officer didn't even not on system that the car was damaged. The incident has been noted as damge to fence and thats it. :eek: :eek: :eek:

I have put in a formal complaint :indiff:

Go fiesty go!

DO you want to be on speaking terms with this neighbour?

If not;

1 get restraining order against him

2 Press charges for criminal damage (car and fence).

3 Don't let him bully you.

4 If all else fails take out civil action against him. VV costly.

5 Whats the story with the oil tanks, sounds like a planning issue with the local council?

Talking of planning can you run this past them, you never know... local rules and all that. ( might be too tall, conservationa area...)

6 Is he retired? does he have a part time job? PM me on this.

7 Stay cool, for now anyway - look forward to the day when his builders arrive to take his fence down - at his expense, under a court order- and re-erect it in the right place, and you with your compensation cheque in the bank. :thumbs:

Cath

19-05-2004, 12:37

I am ringing the two police officer at 2pm from what the last one said this morning it also seems ( but i need double confirmed) that our neighbour has made a statement saying his solicitor has said he can do this and i was advised and a letter sent.

No such letter ever recieved - no such evdience he has proved this to the police either. I will take this all the way.

CItizens advice are of same agreement.

Now in my eyes he has lied to the police if he doesn't have anything to back it up.... :whip:

Getting on the planning office now.............

Midgers there will be a mega party if all this comes together :thumbs:

At the moment i got loads of info and trying to piece it all together. Also seems the council have had complaints before.............

Lanark Police at 2, now on to my mortgage peeps to get aland certificate.

Ade is also working his ickle socks off. My parents are sorting through stuff and ades sister is on board.

I will put my hands up and sort this if legally is all correct on his behalf as i have always said to him!! but hes has taken this option and he will have to stand by his actions..........

Cath

19-05-2004, 12:45

I was just about to say the police will do bugger all and not involve themselves in a neighbour dispute. Seems like a civil matter maybe to small claims for cost of fence or in relation to a boundary dispute. they get costly which is annoying for you

the police have to sit up and take notice of criminal damage if not then well.......... i guess we all are allowed a free for all :D

2 Black Lines

19-05-2004, 12:46

I am ringing the two police officer at 2pm from what the last one said this morning it also seems ( but i need double confirmed) that our neighbour has made a statement saying his solicitor has said he can do this and i was advised and a letter sent.

Sounds tho he's bluffing, a letter of that type would normally be sent recorded delivery( I speak from experience), either that or he's got crap solicitors - which for you is good!!

Be patient, :nod: .

Cath

19-05-2004, 12:48

also thought his solicitor would contact my solicitor not actually me ?"?"? :wack:

docwra

19-05-2004, 12:50

5 Whats the story with the oil tanks, sounds like a planning issue with the local council?

Oil tanks need to be bunded. If they arent, call the Environmental Health and he will have to pay to have them removed. :thumbs:

While you are there, put a dog shit in a bag, set it on fire, leave it on the doorstep and do a runner. Top. :wack:

2 Black Lines

19-05-2004, 12:52

also thought his solicitor would contact my solicitor not actually me ?"?"? :wack:

Unless you have given instructions to a legal to act in this matter on your behalf, he will then inform the other side, all correspondance will go to you.

R33-Drifter

19-05-2004, 12:53

also thought his solicitor would contact my solicitor not actually me ?"?"? :wack:

They shouldn't contact us directly !

Its a legal matter, and this should be dealt with between solicitors as we asked him to and gave him the details of our solicitor

If anything, we should could be copied in on the letters, but primarily the solicitors!!

simonas

19-05-2004, 12:53

the police have to sit up and take notice of criminal damage if not then well.......... i guess we all are allowed a free for all :D

the police SHOULD take notice but believe me from experience (of Merseyside police) they don't take notice. Its just a lot of people on board rightly post what should happen, but I'm more cynical from dealing with them and what should happen often doesn't materialise which is why my advice would be the pester the Inspector of station or Chief Constable if the police keep fobbing you off which is what they are god at doing

Good luck...... neighbour disputes are the most unsettling experiences. Hope it al works out well :thumbs:

R33-Drifter

19-05-2004, 12:54

Unless you have given instructions to a legal to act in this matter on your behalf, he will then inform the other side, all correspondance will go to you.

as my other post, we have given him details of our solicitor to contact!

2 Black Lines

19-05-2004, 12:54

Oil tanks need to be bunded. If they arent, call the Environmental Health and he will have to pay to have them removed. :thumbs:

While you are there, put a dog shit in a bag, set it on fire, leave it on the doorstep and do a runner. Top. :wack:

First part, :thumbs:

The bag o'shite, :D ( tho the horse could help out here)

Cath

19-05-2004, 12:56

:wack: i just had to look up what bunded meant :wack:

does mine have to be ? as you can see mine is on my garden behind a fence but his is sat there in the corner where we drive in and when u go round corner on to the road that leads to main road there is the actually oil burner thingy and a pile of planted pots and planted sections which you have to doge by.

Also his lovely big coal bunker :wack:

http://www.imagestation.com/picture/sraid116/p42ab5eb5cfd7224b2556e4b44f095098/f8b5b53b.jpg

http://www.imagestation.com/picture/sraid116/paabd3dc0505434f8b1f1af315bda1d7f/f8b5b537.jpg

How it used to be
http://www.imagestation.com/picture/sraid116/pa098b74fe1401dcc29de5cc3769fdfd5/f8b5b51d.jpg

2 Black Lines

19-05-2004, 12:56

as my other post, we have given him details of our solicitor to contact!

:thumbs:

Cath

19-05-2004, 12:59

Hes had our solicitor details since the start of the month.

Don't get me wrong we have never had a problem with this guy - its only started this month and i have been here for nine months. Thats why its a totally shocker.

But hes used those months probably to suss me out and thinks i'm a soft touch cos i am always polite and help people :(

19-05-2004, 12:59

I think you should organise an extremely noisy SXOC BBQ .. we'll all turn up for 3 days of partying, in shifts .. he'll not sleep, and all the fireworks will land in his garden ..

Actually your probably doing the right thing with solictor, non-agrevating the situation, and just making him foot the bill in the end to the criminal damage he has caused.

I knew someone with a similar thing, wanted to build a wall instead of a fence rickety old fence, a little wall vto keep his jack russel in his garden, the neighbour liked the rickety old fence, he built a HUGE wall on his side blocking out the rickety old fence he didnt like seeing, and keeping the dog inside, and losing about 1 foot of his garden. Neighbours can be such an pain sometimes ...

R33-Drifter

19-05-2004, 13:02

Hes had our solicitor details since the start of the month.

Theres an echo in here :p :D lol

But hes used those months probably to suss me out and thinks i'm a soft touch cos i am always polite and help people :(

But I aren't a soft walk over as you :D He aint getting away with feck all now!!

Cath

19-05-2004, 13:05

http://www.re-alitek.com/memory_lane/caths_house/P1000063.JPG

how it was when we originally moved in in September.

As you can see there was a front to it and it ten times higher then what it is. Because we took the front off and lowered the height he has taken advantage - if we had left it how it stand here he couldn't have done what he has as he would have has to alter more sides that what he did

Insomniac

19-05-2004, 13:39

Thats a pretty big fence. Seems to me the previous owners put it up for a reason (if you get my drift).

Scottish police seem to be pretty hit and miss. Sometimes you get ones that give a damn, then other times you get complete ****holes. I prefered the South African Police, they had guns and big scary dogs.

Anyway, I agree that your best keeping everything legal and above board. The worst thing you can do is stoop to their level, and believe me it can be tempting, but don't. It'll pay off in the long run. Also, keep a log/journal/diary of everything he says and does, it'll come in handy if your dealing with your local council, etc.

Speaking of which, they should have a section or team that deals with neighbour disputes. I don't know which local authority you come under, but see this Scottish Executive page on Nuisance Neighbors (http://www.scotland.gov.uk/cru/kd01/blue/rem-01.htm) as it sounds to me like your neighbor has more than just a problem with your fence.

I'd follow every legal channel you can possibly think of. Eventually one of them will pay off.

Good luck, I seriously hope this works out for the two of you. :thumbs:
-Andrew

R33-Drifter

19-05-2004, 13:45

The fence was put that high by the previous owner, cause it was for a dog compound, as they had about 8 dogs :wack:

But we had no need for it to be that high, and so the front came completely off and dropped the sides down and are in the process of making a nice drive

And still think this is whats making him jealous too, as we have smart plans for it :thumbs:

He should get a hobby imo opinion to have something more to worry about than a fence! maybe I shuld introduce him to the CA18DET and that will keep him occupied for hours trying to fix the damn thing all the time:wack:

Cath

19-05-2004, 13:48

we had £200 + of materials arrive at the weekend to start bricking the drive etc.

Another reason i think it has been done so quickly cos it the drive was bricked and no gravel he would be up for more damage.........

Cath

19-05-2004, 15:53

:annoyed: :annoyed: :annoyed: :annoyed:

think i have been through the complete police structure up here

The sergent is sending the officer back out.

The fence is a civil matter and if i were to take his down they would tell me the same

Now the officer says its just scratch??? so means nothing ? I asked him at 10pm at night how can you say in that light what is and what isn't.

.................................................. .........................

Insomniac

19-05-2004, 16:24

Even if in his opinion it is just a scratch... A scratch is still a scratch. It has devaluated your car and will cost you to have repaired.

mattpayne

19-05-2004, 16:25

damnit...

im sure the officer in question wouldnt take too lightly if you put 'just a scratch' on his belovid car... :mad: it makes me mad... just beacuase its not a brand new bentley hats been damaged there is a lack of interest... does the copper by any chance happen to be some sort of nazi local??? and has taken an air or irrelevance to you young out of towners???

Cath

19-05-2004, 16:28

Even if in his opinion it is just a scratch... A scratch is still a scratch. It has devaluated your car and will cost you to have repaired.

my point exactly now the officer won't listen to me

It was a dispute about the colour of the fence not a boundary until he chopped it down!!!!!!!!

He has with no legal proof done this

He has now erected a fence that does not meet with height requirements.

Damage is still damage - they are trying to say it is accidental damage - no i have stated no matter how big or small the damage this man has done it without permission. They say if there was no malice nowt can be done. So remind me the next time i wanna smack someone in the face to do it with no malice as it will be accidental and i won't be done

BOLLOX

ARGHHHHHHHHHHHHHHH

tonights going to be hard this police officer really doesn't want to know and will dislike me more now

Cath

19-05-2004, 16:29

We am getting to now feel my age and nationailty are going against us yes.

More so my age - we are not being taken seriously by anyone :cry:

Jester

19-05-2004, 16:43

docwra

19-05-2004, 17:27

He has now erected a fence that does not meet with height requirements.

Maximum height for a fence without planning permission is 6 foot 6 from ground level ............... :)

tDR

19-05-2004, 23:35

Just tack your fence back onto the back of his to make your side blue again......... that'll piss him off enough. Fence is largely irrelevant anyways as nothing much has changed. Only point in carrying it on now is for the 0wnage factor lolol

tDR

19-05-2004, 23:37

We am getting to now feel my age and nationailty are going against us yes.

Silly m00. It's in your head :nod:

Jester

19-05-2004, 23:42

Silly m00. It's in your head :nod:

No i have had this. AS soon as they know your under 25 they assume its not a big issue!

Bubble

19-05-2004, 23:51

Go and get some more blue paint and paint the new fence, both sides - accidently of course and with no malice :thumbs:

Seriously - I have read this thread and it makes my blood boil, this old git can't get away with this.

tDR

19-05-2004, 23:52

Was referring more to the nationality thing. It's like ethnic minorities playing the race card.

Jester

20-05-2004, 00:03

Was referring more to the nationality thing. It's like ethnic minorities playing the race card.

o i see!

ne ways, i reckon u should do what they all suggest u do paint your side blue, NOTHINg he can do about it. I thought it was when u look down your garden the fence to your left is yours (if your looking TOWARDS yoru house... am i right or being a daft :censored: )

Midgers

20-05-2004, 03:51

Was referring more to the nationality thing. It's like ethnic minorities playing the race card.

OI punk don't even ghet me started!:mad::mad::mad: it's as far from that as poss!

Jester

20-05-2004, 04:56

OI punk don't even ghet me started!:mad::mad::mad: it's as far from that as poss!

i agree.

I think it has nothing to do with that whatsoever.

Its the fact some youngsters come along doing the right thing, then some grumpy old man "assumes" they are bad and takes action himself.

Maybe paint the fence mutli-coloured, even better, do a british flag :eek:

(just messing btw! :nod: )

Cath

20-05-2004, 08:27

that why i highlighted age people - tuesday night for what ever reason - i was not taken seriously, I never experienced any hate towards myself up here being english never have and hopefully never will, but thats not the point - i was thinking aloud to why the hell nothing can be done by the police why i was spoken to in the manner i was.

This time the officer returned it was a total change - total total change. He had time, he had more patience. My main point of his return was a full incident report so my solicitor can access it...........

Ade asked the officer if he went n sat with beers n a bbq in our neighbours garden what would happen.......... police - nothing :D

I then asked if i damage next doors car n they called urseleves n u came round to me asking about the situation and i informed you i had no idea and no part - u can't do me - police........nope we can't do a thing :D (just like they did)

hahaha scottish law is crap but at the same time rather amusing and inspiring :wack:

Deeds ............ come back with some smart smart info :D still having people read into them tho but so far :thumbs:

So now solicitors letter will be drawn up..........

there is gonna be the biggest fecking party here as soon as this is over :wack:

2 Black Lines

20-05-2004, 08:46

:thumbs:

Now should you require the services of a 200SX V8 with a single box Apex....

Give me a shout, ( i'll bring a box of ear plugs for those of a nervous disposition). :thumbs: :wave:

chris250

20-05-2004, 08:51

:thumbs: glad to hear it's all working out, ROLL ON THE PARTY! :D

oh, and yup, Scots law is most definately fooked up! lots of loopholes, you just need to work the system instead of getting angy and trying to fight it

RohanC

20-05-2004, 08:59

Good to see a bit of good news in this thread now!! Really does make me angry reading this, cant belive who much of a :censored: you nieghbour is being... everyones worst nightmare TBH.

If you get you fence back, make sure you paint the flag of St George on it (and maybe, just maybe, accidentally on his car) ;) (just kidding)

chris250

20-05-2004, 09:05

If you get you fence back, make sure you paint the flag of St George on it (and maybe, just maybe, accidentally on his car) ;)

just use a spray gun to spray the St George on it, would be a shame if his car happened to be behind the fence ;)

please note that all i say is ment to be taken as a joke and anyone with a sence of humour would see this

docwra

20-05-2004, 09:49

Posting help on this thread is appreciated, but things such as that, and prople saying to deface his property are not

Thanks

Id still get it moved to the members section or something after you have finished with it mate :)

Midgers

20-05-2004, 10:20

OI punk don't even ghet me started!:mad::mad::mad: it's as far from that as poss!
Sorry - I didn't mean for that to sound so aggro.
Please note it was stupid o'clock and I'd been drinking since 7pm

R33-Drifter

20-05-2004, 10:26

just use a spray gun to spray the St George on it, would be a shame if his car happened to be behind the fence ;)

please note that all i say is ment to be taken as a joke and anyone with a sence of humour would see this

lol I know that Chris :D

Its just we are trying to do evrything we can to get the fence reinstated how it originally was, and doing this all above board, everything legal, and evidense to back our statements up :nod: unlike what our neighbour has done :mad:

Although, I have just booked the Golf in for a respray in white, with a red cross completely over the centre :D :thumbs: lol

tDR

20-05-2004, 10:35

Sorry - I didn't mean for that to sound so aggro.
Please note it was stupid o'clock and I'd been drinking since 7pm

lol m8 chill, I'm thicker skinned than that :nod:

Was just tryin to say it's really unlikely us Scots are mistreating Cath n Ade cos they're English in Scotland. I've never seen that........ we're a hospitable bunch of inbreds :wack:

I still think the best solution is to tack your blue fence onto the back of their new fence :D

Cath

20-05-2004, 10:49

nothing to do with nationality so can we leave the subject there

as stated we have never experienced any bad feeling living here and from a small point I made when I was upset doesn't need dragging out. The main issue a person has damaged property and moved things without consent.

We will not tack anything back up as we want it all legal. Also by doing such an act we are accepting the way things have been done.

We will not make a move because all the cards are in our hands now :D and we will be playing ever single god damn one to make sure this person knows never....never .....not even the slightest smell or hint of trying this again...... :whip:

tDR

20-05-2004, 11:01

We will not tack anything back up as we want it all legal. Also by doing such an act we are accepting the way things have been done.

Yeah but, for arguments sake, is that such a bad thing? Nothing has really changed as a result of this action by 'the neighbour' - the fence at that side is back to a similar height to how it was before you cut the blue one down. It's hardly going to affect your life - for your own sake I'd just accept it to keep the peace rather than having an ongoing dispute with 'the neighbour' that will just make it uncomfortable to live beside them because of the bad feeling continuing to be created. The time and legal expenses could also get rediculous......... I've seen how these things can drag on 1st hand. Really not worth it in your case.

In the same sense, 'the neighbour' will just have to live with you throwing parties with loud music 'til 4am and rediculously loud cars revving etc. up outside your garage whilst they try to enjoy their afternoon tea n biscuits in that lovely sun porch thing of theirs :D

Lenagh

20-05-2004, 11:05

Not something that can be left unfortunatley the character of the man is a bit like hitler. He won't be happy with just poland, he'll want belgium next then france and...

Well you get the picture. The next thing is stopping people driving down the road as he doesn't like the gravel or summit being disturbed.

He has to be slapped down and hard by the best legal means possible as he's a bully boy.

Cath

20-05-2004, 11:08

Yeah but, for arguments sake, is that such a bad thing? Nothing has really changed as a result of this action by 'the neighbour' - the fence at that side is back to a similar height to how it was before you cut the blue one down. It's hardly going to affect your life - for your own sake I'd just accept it to keep the peace rather than having an ongoing dispute with 'the neighbour' that will just make it uncomfortable to live beside them because of the bad feeling continuing to be created. The time and legal expenses could also get rediculous......... I've seen how these things can drag on 1st hand. Really not worth it in your case.

In the same sense, 'the neighbour' will just have to live with you throwing parties with loud music 'til 4am and rediculously loud cars revving etc. up outside your garage whilst they try to enjoy their afternoon tea n biscuits in that lovely sun porch thing of theirs :D

oh ffs come on now !!!

right we will sit back and it doesn't affect us and then maybe next time he can damage the car some more !!!! maybe he would like to damage the house !! move our garage!!!

We are not lazy when it comes to this matter and no we will not let someone away with doing something illegally!! hes made his own fcukin situation he can deal with it now

the FACTS are !!

FACT: the fence has been put up taking land
FACT: there was a perfectly good fence there that was installed years ago
FACT: height issues now
FACT: this is the first dispute in the past month so this will carry on unless stamped upon
FACT: DAMAGE to our car
FACT: He did not have right of access to our property

now if i dislike the colour of ur fence house car, does that entitle me to come do something to those objects without ur permission?!?!?!

Get a grip

u want to create pathetic statements i ain't gonna listen

our neighbour has experience nothing but politeness from ourselves, involving the cars / no parties / no noise etc etc - we have been ideal neighbours and this is the return product.

Partys etc will be illegal due to noise etc etc so no he wouldn't put up with it so don't fool urself

Cath

20-05-2004, 11:09

oh yes - the tyres are too wide on the cars that people own and it disperses the gravel on the access road - so he allows no one off or on

R33-Drifter

20-05-2004, 11:11

Why has my post been deleted ?????

People are not grasping the situation here.

our neighbour broke the law!!!

He removed the fence that was perfectly good, in the right place there was nothing wrong with it, and no need to touch it!!

In doing this, he damaged my car that was sitting on our drive

If someone stole you car, or damaged your car, would you just leave it and accept it :confused: or would you stand up for yourself and want actions done that are right :confused:

Same thing here, he has broken the law!! plain and simple!!

and I we will do what ever it takes/costs to make sure that it is fully put back to how it was!!

Now, like said, we are extremely grateful for the good advice and help from some members posts on trying to help us rectify the situation

But would prefer the complete thread to be deleted if this is the case :indiff:

Oh and when nationality doesn't come into it, the policeman last night said to me "your not in England now soN" to which a complaint will be made to his supervisor

20-05-2004, 11:20

Can we all try and calm down a bit please :)

If we could stick to the point of the thread, rather than get sidetracked into making personal observations then everyone will feel so much better and Ade and Cath might get some decent, legal suggestions :)

Cath

20-05-2004, 11:30

http://www.argos.co.uk/wcsstore/argos/images/7015407A58IFN86533M.JPG

look my hubbys going to get at lunch :D :smitten:

20-05-2004, 12:15

Right. I have spent time yet again editing this thread. I do not want anyone to post on here unless they have something constructive to add.

Anything other than constructive comments will result in the thread being permanently deleted because I do not intend to spend any more of my time tidying up other people's bad behavior.

:)

Grim

20-05-2004, 12:44

could i constructively offer my support to ade and cath.

big southern hug despatched by parcel force.

:D

2 Black Lines

20-05-2004, 12:50

http://www.argos.co.uk/wcsstore/argos/images/7015407A58IFN86533M.JPG

look my hubbys going to get at lunch :D :smitten:

Feisty, the camera is a good idea, make sure it either connects onto a time-lapse video or has control over a video.

Will get details of my system and post them tomorrow. I installed a control type, but does need a second VHS video to record, has B+w cameras with IR,works fine 24/7.

Had similar probs to yourself as posted previously, and as Advised by Police, signs displaying 'CCTV in operation' are not mandatory at the mo, but may be soon.

Hope this helps. :thumbs: :wave:

Hope

Jester

20-05-2004, 12:53

let me know if u need some dummy CCTV units. we sell them REAL cheap and will get them for u at cost..

they are great as altho they dont record anything you could stick 20 up and that would scare the :censored: out of him

:thumbs:

Cath

20-05-2004, 12:54

we were in dicussion about this before the situation happened - when we got sniff it might happen. I saw builders out viewing our fence.

Maybe would have prevented this happening :(

Jester

20-05-2004, 13:07

we were in dicussion about this before the situation happened - when we got sniff it might happen. I saw builders out viewing our fence.

Maybe would have prevented this happening :(

dont blame yourself u have done nothing wrong. Why should you put up CCTV just to protect yourself against NEIGHBOURS! they are designed to be used against robbers thiefs little scroats etc, not neighbours.

Your not to be blamed and i admire you patience.

Missy

20-05-2004, 13:33

i feel sorry for you guys, as past experience for us, i know kinda what your going through....

our situation was that we removed a rotten fence on our property, which had been put up against the original boundary, our neighbours from hell, who though they were council tenants and we owned our property,acted as if they owned the shared access and they felt they could tell us what to do and that it was acceptable for them to block shared access, including putting black bags full of rubbish right outside our back door every week :eek: (our back door for some stupid reason has been built by a previous owner on the side of the extension and opened onto the shared access) anyway, we followed the right procedures and checked to see what the legal requirements were......they wanted us to put up 6ft panels because they wanted to get a dog!! but we put up wiring fencing which was the MINIUM legal requirement...

nedless to say ours were the sort of neighbours who thought it was ok to physically threaten me whilst i was pregnant, because she didn't like something i'd said to her during an arguement..... and harress us from day one

after 18 months of living next door to them, we sold our property and moved in january....

those 18 months on Northampton was some of the worst of my life and i've suffered severe depression because of it

now we live in a semi detached house with elderly neighbours who we get on well with and hardly hear from....

and when a couple of fence panels came down in the wind, the neighbour came round and appologised to us and got her son to repair it (i told her she had no reason to appologise)......

things couldn't be so different

surely if they've moved the boundary, then your solicitor can force them to remove their fencing and pay for yours to be re errected as well as compensation.....

a tip....... a motion sensor security light out the front, positioned so that it lights up part of their garden and set super sensitive, would probably upset them a treat
:thumbs:

Matt_S

20-05-2004, 13:39

Well, Ive just spent about 30 mins trawling through it all and Im glad I have good neighbours (one is "92 you know!" and the other a mid twenties couple).

I have copies of my deeds here and the fences that are my responsibility are shown with an inward facing "T".

Good luck guys. Sounds like a right barsteward bloke :annoyed:

Missy

20-05-2004, 13:47

thats a point....

when we brought our house, our solictor gave us a photo copy of our deeds, which showed the boundaries, so surely you should have a copy, if you only moved in 9 months ago....

Cath

20-05-2004, 13:51

thats a point....

when we brought our house, our solictor gave us a photo copy of our deeds, which showed the boundaries, so surely you should have a copy, if you only moved in 9 months ago....

I have gone through a friend to get a copy who works at the land registry - she has already viewed and we have a case - letter is getting drawn up

I do not have a copy of our deeds as yet,(another issue being adressed trust me) the previous owner has also let me view hers from the property in the mean time.

It is written and in the wording of the deeds not on a diagram due to when the property was built

We do have a case :D just time and money but this information we only recieved last night. So everything is on a start to progression at last today.

Thanks guys n gals

karlF

20-05-2004, 13:55

http://www.argos.co.uk/wcsstore/argos/images/7015407A58IFN86533M.JPG

look my hubbys going to get at lunch :D :smitten:

Just fyi if you're trying to keep within the law any video footage to be used in court requires a time/date stamp and all cctv cameras require signage in place stating the reason for it being there and who its operated by otherwise this can be classed as invasion of privacy. Not having a go but my employers tried putting cctv in the canteen where I work to monitor peoples breaks but they got taken down on this law.

docwra

20-05-2004, 13:56

I have copies of my deeds here and the fences that are my responsibility are shown with an inward facing "T".

Indeed - this is gospel :)

Have you shooken them posts yet?? ;)

Cath

20-05-2004, 14:00

Indeed - this is gospel :)

Have you shooken them posts yet?? ;)

naw :D cos it will be more fun if this all settles trying to watch them take it out and reinstate the original fence :D

Cath

20-05-2004, 14:23

Just fyi if you're trying to keep within the law any video footage to be used in court requires a time/date stamp and all cctv cameras require signage in place stating the reason for it being there and who its operated by otherwise this can be classed as invasion of privacy. Not having a go but my employers tried putting cctv in the canteen where I work to monitor peoples breaks but they got taken down on this law.

Domestic purposes: (36) "Personal data processed by an individual only for the purposes of that individual's personal, family or household affairs (including recreational purposes) are exempt from the data protection principles and the provisions of Parts II and III".

:confused:

example found from net:

Mr. Smith at 11 Acacia Avenue has a CCTV system installed which monitors persons accessing his premises. It picks up any visitor as soon as they enter the gate and only captures their images whilst they are on his property.

(a) Mr. Smith is entitled to do this.

(b) He does not need to provide a notice saying that the person is entering a CCTV controlled area.

(c) He is not required to provide a copy of the footage he has captured to the Data Subject if they make a request. However, if that CCTV camera picks up images outside Mr. Smith's premises, such as the entrance to his neighbour's premises or persons walking down Acacia Avenue, then he has to consider the implications of the Data Protection Act.

He must consider what justification he has in capturing the images of visitors to his neighbours, or those persons on Acacia Avenue. Note, I am not saying that he can't, only that he has to justify it. Schedule 2 of the Data Protection Act lists six conditions that can justify processing of personal data. Mr. Smith would have to satisfy just one of them in order to capture those images.

Personally, I feel he would be hard put to find one of the conditions that would meet this requirement. Even if he proved me wrong, he would have to put up a notice to notify the persons walking into his neighbour's garden or walking along Acacia Avenue that they were being caught by CCTV camera, the purposes of those images being caught, and who was responsible for the processing. He would also have to provide a copy of the images if the Data Subjects made an access request.

Clearly the solution to this is to ensure that the CCTV camera does not pick up any images that are not within Mr. Smith's premises.

Matt_S

20-05-2004, 14:32

I have gone through a friend to get a copy who works at the land registry - she has already viewed and we have a case - letter is getting drawn up

I do not have a copy of our deeds as yet,(another issue being adressed trust me) the previous owner has also let me view hers from the property in the mean time.

It is written and in the wording of the deeds not on a diagram due to when the property was built

We do have a case :D just time and money but this information we only recieved last night. So everything is on a start to progression at last today.

Thanks guys n gals

I have a stack of paper work here, dating right back to when the whole estate land was bought in the 1800s for £1600!!! All the English is so old, I can hardly undersatnd it, and it all in Italic and been copied about 50 times by the looks of it. Very interesting reading though:)

My house went up in 1938, but obviously the deeds and planning go way back before that...

Cath

22-06-2004, 10:52

Midgers what kinda notice will be needed for the guys?
Not to cut just to make sure no one touches my dad while he and ade take it down. Kinda like a barrier but with no fighting :indiff:

Rob-S13

22-06-2004, 11:05

how's this situation goin?

Cath

22-06-2004, 11:20

We have all legal documentation - all in our favour, majorly in our favour. But if taken to court our surveyor says it might be hard to get it put back exactly where it was, so might proceed down the same route as they did but at least with full knowledge of knowing we are correct.

Apart from that we have recieved a lot of harrassment. More damage to the property.

Just last week I was cornered in my own back garden (which according to them is their property also) and threatened, not allowed to move and a passer by stopped to help, after they left it started again but with the wife involved too. Ade wasn't home :( Police called 'again' and nothing can be done as no witness. But have recently got hold of the passer by. We just gutted we never had the CCTV installed :(

2 Black Lines

22-06-2004, 13:04

As I said a while back I can sympathise with you having been in a similar position a few years ago. yours is going along similar lines, which is bad news.

When it does come down to it, a have a witness, press charges even if the police don't think there is sufficient evidence ( private prosecution), make a log of all his actions - guess you know this already.

Usually they back down once the first set of charges is laid against them, some unfortunately take more of a hint and in my case a 2nd night in the cells tempered his actions.

Get the cameras up, asap.

Cloudy

22-06-2004, 14:10

I've just read the entire thread!!!!!!!! :eek:

I really hope this all works out for you guys, but I have a feeling it will drag on and get worse. I have experienced this first hand, when my current neighbours moved in they were fine for the first few months then all hell broke loose and got worse and worse, won't go into the details but it wasn't pleasent. This lasted for 3 years, until one day I came home to find my neighbours had errected a 6ft high fence down the front boundary and sl@gged off my mum when she confronted them. Needless to say my mum was in tears and just wanted to sell up and move after the years of abuse and torment. This is when I flipped, destroyed the fence and gave the neighbours some of their own medicine (4 years ago). Since then the neighbours have been very friendly!! :whip:

I'm not saying violence is the way to go, but a slight show of force could prove to be beneficial, just to show your not a push over. The best way is to invite friends over and lots of them preferable ones who look like pshycos. But don't do anything which could be deemed threatening, that will just give your neighbours ammo to use again'st you.

In the meantime keep up with the legal work, but also sit down and make a decision whether you want to continue living where you are.

Wish you all the best :thumbs: