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Original poster

CF Neighbour help

35 replies

Aholenextdoor · 19/07/2020 14:32

Have name changed as maybe outing and don’t want to link to past threads

CF neighbour ripped out our 8ft high boundary hedge that had been there for 20 years to separate our front gardens.Well he was planning to rip out all but we objected so he ripped out half on what he thought was his side and also a big chunk of the whole hedge (both our sides) from the front and back to build himself a garden wall/ driveway. We have been left with a very thin hedge with two chunks missing at the front and back.

We have had a boundary survey done as keen to have work done soon and it shows they have built the wall partially in our garden and also states they needed express agreement to remove any of the hedge.

Where do we go from here.... it’s more his attitude and how he has left it I guess. We can go to court - DH wants to as the nDN is a ginormous pr*ck who is fairly aggressive. I don’t really want the hassle and cost (although have house insurance which will cover now we have survey report). I’m just staggered at the attitude where he said I’m going to do what I want.

(Background was poor planning on his extension left little room for wall/drove so he needs to grab every mm he can)

I guess question. Is WWYD? Seems only option is to take him to court to remove wall and replace hedge or leave be. We are also worried he has damaged hedge our side so will eventually die.

Anyone been in a similar situation?

OP posts:
WoWsers16 · 19/07/2020 14:36

Oh gosh sounds awful and really rude on his part!! I wouldn't stand for it and I'd take it further. Especially as he has partially built on your land - that could cause issues down the line if you ever want to sell or just general garden worries!
If your insurance now covers it- take him to court-

Original poster
Aholenextdoor · 19/07/2020 14:40

I just don’t like bullies. I can’t be bothered with the hassle and stress (have an ill dc) but why can he just do what he wants!

OP posts:
Fanthorpe · 19/07/2020 14:43

A solicitors letter telling him you want the hedge making good, using a professional company. What was the hedge composed of?

Fanthorpe · 19/07/2020 14:45

Don’t forget that disputes with neighbours have to be declared when you sell your house, try to keep away from the court as your first resort.

Original poster
Aholenextdoor · 19/07/2020 14:53

He has taken so much that there is no room for it to be made good I don’t think. Literally has built a wall over old hedge so is now a gap of maybe an inch?

OP posts:
AnnieMaul · 19/07/2020 15:00

As @Fanthorpe said, do remember that disputes need to be declared. If you plan to ever sell up, is it really worth it to keep pushing at this? Is it having enough of an impact to make your life potentially very difficult in future?

Knowing there were neighbour issues is probably the one thing that would 100% make me pull out of a sale every time, even if it was otherwise a dream home.

Personally I would leave it be, but make it clear to the neighbour the results of the boundary survey. I'd say we were willing to overlook this, on the agreement that he makes good of the hedge and agrees any future work with you in advance.

IJustWantSomeBees · 19/07/2020 15:02

Personally I would take to court as his behaviour needs to be checked otherwise what is he gonna do to your property next?

And he’s literally built on your land

MrsHuntGeneNotJeremyObviously · 19/07/2020 15:03

I think court might be your only option. Doing nothing just kicks the can down the road if either you or he sell, which is bound to happen at some point. You need your boundary clearly marked and maintained.
You could tell him to fix it or you will go further and warn him about neighbour disputes needing to be declared and all the repercussions for both of you, but if he's a prick generally then imo the best way forward legal. Some people only respect that way.

DorisLessingsCat · 19/07/2020 15:07

Solicitors letter before action. Remember the dispute will affect the value of your neighbour's house as well and he may want to avoid that.

Or would you sell him a 1 foot strip of land along the boundary?

Fere · 19/07/2020 15:17

I have question to people who say - don't go to court.
What do you think is going to happen if OP wants to sell?
I imagine that a buyer would have to do survey on which there will be clearly will be a note that the neighbour built the wall partially in OP's garden.
Would you buy such property?

NightSpot · 19/07/2020 15:23

How much land has he taken? Can you perhaps get him to "buy" that piece of land?

Original poster
Aholenextdoor · 19/07/2020 15:36

He has built so far across that we have no room to replace hedge. Is really bad.

Selling would be an option I guess. Is that an option for the boundary too? Will need to draw a diagram when in but if you imagine a line down a hedge, he has taken half of it down (widthways) and built over it and into our garden by 15cm but at each hedge end. So all in all, has taken approx 120cm sq and built the rest of it on or very close to the line (which we have been told he couldn’t do with out consent)

So would a sale include agreeing the new boundary I guess?

OP posts:
PrayingandHoping · 19/07/2020 15:40

Sadly I def have to do something as this will come up when u sell that he is claiming some of your land. My friend had this with a property she inherited and it took forever to resolve!

He either removes it or buys it and u have to change the deeds etc. Neither will be a fun conversation

Original poster
Aholenextdoor · 19/07/2020 15:55

We are not looking at moving for a long time (as I don’t think they are) but totally appreciate that could change for either of us. We didn’t want to go to court but he completely ignored us and did what he wanted.

OP posts:
OhWhatFuckeryIsThisNow · 19/07/2020 16:03

Conversely, won’t your boundary show on your deeds, so any future purchaser could challenge his new wall.

Loveinatimeofcovid · 19/07/2020 16:07

I’d be tempted to sue if your insurance will pay for it. It will be a long process though - courts are in absolute shit right now, the back log is crazy.

rwalker · 19/07/2020 16:08

15cm/3 inches would leave it thought you were talking loads of land . Think the issue is the hedge rather than the land

Original poster
Aholenextdoor · 19/07/2020 16:16

15 cm across not long. I get is small and yes the hedge is the bigger issue but how is this ok?

OP posts:
Itwasntme1 · 19/07/2020 16:38

My neighbour recently sold their house. The survey showed their back fence was in the wrong place - probably by about 20 cms, maybe less.

The person buying made the fence being moved a condition of the sale.

Collaborate · 19/07/2020 16:46

Although boundary disputes must be declared on sale, resolved ones should be fine. Check your home insurance for legal cover.

thegcatsmother · 19/07/2020 17:04

I know it's petty, but can't you knock the bits of wall down that are on your land, brick by brick, so the whole thing falls over? Failing that, sell him the strip of land at a huge cost, court, or take the wall down and replant the hedge. his choice.

MzHz · 19/07/2020 17:05

See if your house insurance covers legal issues

Put in a claim.

He needs to remove that wall and build only within his property

Speak to a lawyer and don’t pussyfoot about. Go in hard and heavy from the outset.

You can tell we have bloody awful neighbours, right?

Our house insurance is funding our actions against them, 18months so far and no legal progress, but we’re bashing them back and they aren’t blocking our access, chasing vans delivering or removing their keys.

Chloemol · 19/07/2020 17:43

Tell him to remove the wall from your garden and pay for hedging to be put back

If he doesn’t then I would be going to court

Original poster
Aholenextdoor · 19/07/2020 19:11

Ok, he has again ignored a request to talk it through so will contact a solicitor I. The morning (luckily know a friend at a law firm who has recommended a good property lawyer).

Life is hard enough for everyone without people being selfish. He had ample time to sort this before he took any action but was a bully plain and simple. Wish us luck Smile

OP posts:
Original poster
Aholenextdoor · 19/07/2020 19:13

Will go with advice for a letter before action (have just spoken with lawyer friend who confirms this is best). Will ask for either hedged to be replaced to how it was and wall to be removed or request compensation for use of land.

Thanks to everyone who helped here.

OP posts:
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