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AIBU?

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Help - I just want some peace from my neighbour

5 replies

Piercy · 12/07/2018 20:29

Where do I start?!

Bought our forever home 2 years ago, it was a wreck. On one side of the house the drive runs all the way from front to the back of the house (think of the drive as an L shape). We also had some large llandi fir trees that were well and truly out of control height wise etc. On the first night the neighbour came round said hello and 'do you want to sell me that piece of land that runs from front to the back of the house' - we declined. Also 'what and when were we going to trim the trees that are ours' - we weren't sure as we had a lot to do with the house and that was our priority.

As time past we put gates up on this piece of land so people couldn't get in to our back garden from the front of the house and to keep DS safe, and a fence up to separate the two properties (fence is well and truly on our land).

And we tried to speak to him about the trees but couldn't get hold of him so we dropped a note through his door saying we had decided that the trees were going to come down and a fence up.

He has now applied and we've had to give him easement over this piece of land as has used it for over 20 years. He is insisting that we pull the fence and the gates down. The sellers have not completed the paperwork correctly when selling us the house to advise that he has used the drive for the past 20 years.

He is now claiming the trees are his.

He seems to think he can do what he likes because he has lived here for 30 years. He is more than often drunk and will stand in front of the house or hanging over his low fence just watching our house. He walks all over the drive and down the piece of land he has access to take photos and leave the gates wide open so anyone can get down to our property where we store our commercial waste.

Despite 2 RICS surveyors telling him (1 of those surveyors being his) the trees are ours because the boundary is correct and that we are able to put gates and a fence up as long as they doesn't cause sufficient interference he is persistent in writing letters, and the latest take us to court.

I fear when we do go to court and whoever wins (that should be us but there is always an element of risk) he will then find something else to harass us about.

I just want to live in peace and without the stress how do I make this stop?! (looking for legal suggestions)! :0)

OP posts:
Castl3onb0at · 12/07/2018 22:22

Why wasn't this all sorted before buying the house ? Do you have a copy of the land / deeds ?

Hoopaloop · 12/07/2018 22:35

Can you make a claim against the sellers of your house for not disclosing about the neighbours use of the land?

letsdolunch321 · 12/07/2018 22:39

I agree with pp, see a solicitor about making a claim from the sellers.

chillpizza · 12/07/2018 22:52

If he wins you need to claim off the sellers. An easement will reduce your value and make it harder to sell. I believe he will need proof that his been using it for so long so maybe a quick call to the seller advising them of the issue might be worth while to get them on your side.

Piercy · 15/07/2018 18:57

The sellers, lets call them Mr and Mrs X were selling due to them seperating. They both completed and signed the TA6 declared on there that no neighbour had any use over the land - so no due dilegance was needed by us.

The Mr X has now acted as witness for the neighbour saying he has been using the land.

Solicitor now in the process of pursuing Mr & Mrs X - but stress levels at an all time high

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