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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Had the same problem but is still unresolved

5 replies

digerd · 23/07/2012 18:14

I 've lived in this semi bungalow with rear 2meter extension for 13 years when for the first time I noticed a hard pruned tree had been planted right by the extension wall by my neighbour, and damage had occurred to bottom bricks.
Also, I noticed that her rotten fence had been hung on my wall by drilling into it and inserting a hook, then hanging the fence panel with thick wire onto it without asking my permission, which makes the fence actually touch my wall as tree infront has got thicker and pushed the fence against my wall
This blocks access to repairing my wall, but neighbour has today refused to get rid of tree or fence and she - 80 years old, - was really nasty to me and the nice Arborist who actually said he would do it for free after i said I would pay for it as she said she couldn't afford it, was appalled at her nastiness and felt really sorry for me

As a nice polite and friendly person myself, i am still reeling from her onslaught which was hours ago
I do not know what to do next as our council will not get involved as a civil matter, they say

OP posts:
Birdsgottafly · 23/07/2012 18:30

What is it that you want solved?

I was told that after 5 years the Council will disregard anything that may have needed permission to do, as to much time has passed.

Nahnahnahnahbatman · 23/07/2012 18:34

The Council are right in that it is a civil matter. However, the 1996 Party Wall Act (assuming you are in England or Wales) may apply here and you could talk to a solicitor who could look to take action against her. Unfortunately this obviously costs money but like most disputes like this, it can rarely be solved without incurring costs. Under the PWA she should have served a notice on you to explain her intentions to affect your property. Without serving this notice she is at fault. I'll be honest, these disputes can be hard to resolve and few solicitors take the Act seriously. I feel sorry for the position you are in and it sounds like she is a bitter old lady. No one deserves to be treated like this.

whois · 23/07/2012 18:37

Take the tree down anyway?

Nahnahnahnahbatman · 23/07/2012 18:39

Just adding on to Birds comment, Is her fence over 2 metres in height? If it is then it may need planning permission and you could be a nuisance to her by getting the Councils planning enforcement team involved. Although if it has been there for over four years then it would be immune from enforcement.

LaurieFairyCake · 23/07/2012 18:40

I would just take it down and remove the panel. I think these are reasonable actions and I doubt you would get prosecuted for it.

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