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Original poster

HELP PLEASE WITH CIVIL LAW-NEIGHBOUR DISPUTE!!!!

40 replies

tahira · 07/03/2006 11:16

Hi
Recently our neighbour's dog escaped into our garden and caused damage to our garden-broke pots and garden lighting. When we told them about the damage they were not apologetic and didnt offer to pay for the damage (as you'd expect any decent person would do). They made excuses and said they would get round to fixing the fence. They did not keep us informed as to their intentions at all so the next day I contacted the local dog warden through the Council who went round and said they had to fix the fence within 7 days. They made more excuses and said that they couldn't because of our shrubs. I wrote a letter after speaking to a professional fencer (who said they were talking a load of crap) and put in his details.
They have now got the fence fixed but are refusing to pay for the damage caused because they say we have no evidence that their dog caused it. I have a quote from a landscaper who has put that there is evidence of dog poo and the dog is the likely cause.
These neighbours have caused trouble for the 2 previous owners so I don't want them to feel like they can push us around just because we're young and they're older.
Please someone help with advice

OP posts:
zippitippitoes · 07/03/2006 11:35

I think you will probably be on a hiding to nowhere, but have you got free legal advice as part of your household insurance?

WigWamBam · 07/03/2006 11:39

I think you're on a hiding to nothing as well. I would be inclined to let it drop, if for no other reason than that they sound as if they are the type who could cause trouble for you in the future if you get their backs up now. You could end up very miserable if your neighbours decide to play nasty in the future.

But I'm a wuss, and would do anything for a quiet life!

Original poster
tahira · 07/03/2006 11:46

Hi
Thanks for the input. The cost to us going through the small claims court is negliable- only £30 which we can claim back. None of the previous owners stood up against them-just moved away quietly. I'm doing this out of principle-to give them a clear message that we won't be taking any crap from them. Anyone out there with experience in civil law who could say whether we're likely to win or not??

OP posts:
zippitippitoes · 07/03/2006 11:47

have you been to neighbours from hell?

Original poster
tahira · 07/03/2006 12:51

Hi zippitippitoes

I've been to neighbours from hell website but to be honest this is the first time that we've had any run ins with these people. I'm not going to lie and say this happens all the time. Maybe in the future we'll be classing them as neighbours from hell, but to be honest, at the moment they don't fall into that category.
It's very difficult. On the one hand, it has only happened the once, but on the other hand they've been so difficult about all this that I don't see why we should be footing the bill for their inability to contain their animal.

OP posts:
Blu · 07/03/2006 13:12

And if you intend to sell your house before they are likely to sell theirs, the last thing you want to do is advertise bad neighbours.

Did the previous owners tell you they had had disputes with the neighbours? if not, you could talk to your solicior about that, because it should have been disclosed.

Likewise, if you do take them to small claims court, you will have to tell anyone you sell the house to.

Thay sound horrible people. What do you think is the value of the damage the dog did? (excluding the fence?)

MaggieT · 07/03/2006 13:22

IME these things have a habit of escalating into far more serious disputes. You will only get their backs up by taking them to court. Why not write to them saying thanks for fixing the fence, you appreciate it blah blah, but you are worried about the cost of replacing things in your garden? Also get them to guarentee that they will keep the fence in a good state of repair.

Surely your aim is to live peacefully next door to them, not have an ongoing battle which neither of you will win.

Original poster
tahira · 07/03/2006 14:24

Hi Maggie and Blu
Funnily enough I have already done all those things!!!!
I wrote to them b4 the fence was done and said i don't want this to have a bad effect on their family pet. They assume (because they are complete morons) that i wanted their dog exterminated!!!!
Since it was done I thanked them and put a direct quote from the Courts Service website that I wanted payment (only £95) b4 next week or I'll be starting court proceedings. They flat out refused and just said that we can't prove it.
The previous owners lied throughout the whole sale process!!! We tried to trace them down but unless we start spending alot of money (which we've already had to do in repairs they didn't declare) they can't be traced.
It's been a nightmare but just as I put all the repair work behind me, the old biddies next door have started!!!!
SOMEONE HELP!!!!!!!!!!!

OP posts:
cece · 07/03/2006 14:33

I really wouldn't let this escalate if I were you.

They have fixed the fence and unless you can prove 100% it was there dog then it is a risk to take them to court. This could easily get much much worse... If they are as unreasonable as they sound.

Agree with the advice about future house sales. You do have to declare any disputes so think carefully about putting anything formally or in writing.....

Original poster
tahira · 07/03/2006 14:35

Hi
the mother will be dead before too long-she's old. Not sure if the daughter would live in the same area when the mum dies.

OP posts:
queenoffe · 07/03/2006 19:58

we had a right of way through our property and we fell out with our neighbours who held the right when we set about re-routing the path (on the ground and in the deeds)

I was too heavy handed and in the end was soo glad to leave it behind when we moved.

In my experience moral high ground is no use if you can not feel comfortable in the fresh air outside your home. Unless you want to become bores, buy yourself a bottle of wine, and buy one for your neighbours. (im serious)

Take it round and you will completely take the wind out of their sails. Say something like lets call it water under the bridge, and here's to it not happening again.

cece · 07/03/2006 20:01

Absolutely agree with queenoffe

Nothing worse than feeling uncomfortable in your own home/garden because of row with neighbours .....

Piffle · 07/03/2006 20:06

You could always inform them that you'll leave poison out but they're not to worry as its not their dog obviously....

Original poster
tahira · 07/03/2006 20:19

or @I could throw poison into their garden and hope they eat it!!!! LOL
Have just written them a letter to say I don't see why we can't resolve this amicable between ourselves and for them to come over for a coffee to discuss things further.
Thanks for all your input but I still want to try everything b4 letting them get away with it!!!!!!!!

OP posts:
Mirage · 07/03/2006 22:14

tahira,I agree with the other posters about not aggravating things unless you really have to.Having bad neighbours can make your life a misery.However,I can totally understand you wanting to make a stand against these people.

The guy across the road from me used to let his dog wander all over my front garden & mess on it.I didn't want to get into a row about it,but casually mentioned to him one day,that I'd seen rats in the garden & I had had to put poison out.That was in November & his dog has never been on,or anywhere near my property since.Smile

Original poster
tahira · 08/03/2006 11:48

Hi Mirage
What would you suggest in my situation? I have sent them 1 final letter inviting them over for a coffee to discuss the problem like adults and I've not had a response yet.
By her own admission she had problems with nearly 30 years worth of owners at my house and my neighbours have been there for 22 years-she doesn't like them either!!!
She's a lonely spinster living with her mum. The proper bitchy sort that doesn't like to see others happy

OP posts:
sunnydelight · 10/03/2006 13:37

Courts hate neighbour disputes and unless you have 100% proof there is certainly no guarantee you would succeed in any action. Remember also that getting a judgement in your favour and actually getting money out of someone are two completely different things. If they don't pay up, every further step of the recovery process costs more money. Having worked in this area before I would always advise clients that claiming against an individual rather than a company has a very low chance of success (success being hard cash!). As has already been pointed out to you, you would also have to declare the dispute when you come to sell which would inevitably make your house harder to see/devalue it. You also have to live with these people! I think you have done absolutely the right thing in writing to them with a view to trying to sort things out, but personally if they don't respond I think you need to just put the whole bad experience behind you and move on.

lars · 10/03/2006 13:49

tahira, solictor's letter might help or might not, but to be honest will cost you far more in the long run. I totally agree with sunnydelight its sad to say but this will cause you hassle and stress.
A solictor once said to me 'it costs load of money and solictors hate these cases as they go on and on'. He said 'if you are prepared to spend lots of money, then you might as well move now, it's not worth it. larsxx

Original poster
tahira · 11/03/2006 06:02

GOOD NEWS

MY NEIGHBOUR CAME ROUND YESTERDAY AND APOLOGISED!!!
SHE OFFERED TO PAY THE WHOLE AMOUNT FOR THE DAMAGE BUT AS A GESTURE OF GOODWILL I AGREED TO GO HALVES!!!
IT'S A REAL SHAME THAT IT TOOK THE THREAT OF COURT ACTION TO RESOLVE IT. I'D GIVEN HER UNTIL MONDAY TO COUGH UP!!! [SAD]
THANKS FOR ALL YOUR INPUT!!!!!

OP posts:
cece · 11/03/2006 06:46

that is good news Grin

Freckle · 11/03/2006 07:19

Well done, especially on offering to go halves as that means you can probably remain friendly rather than coldly ignoring each other.

Mirage · 12/03/2006 08:08

Hooray!Perhaps now they will see that you are not going to be pushed around & be a bit more considerate to you in future.

Original poster
tahira · 12/03/2006 17:02

I doubt they will keep their distance-they're simply NOT nice people. They've already called me again to tell me that one of their garden panels has a hole in it when it didn't before. Did we know anything about it? She was careful enough to say "i'm not trying to start anything, BUT.....". Couldn't believe someone could be so petty, then again she's an old spinster with no partner, no kids and a dying mother-suppose she's got nothing better to do in her life but attempt to make others miserable.

These people are the most pathetic, childish imbeciles I've ever met. I've practically ignored them. Have just ensured that we have tall shrubs or trees on that side of our garden so we won't even have to look at them whenever they're there.

She's already called my other neighbours and try to shit stir trouble between us and them, also with the dog warden AND our gardener!!!!!

Sounds really awful but I hope the mother pops her clogs soon and the bitch of a daughter fucks off and leaves us alone-sorry if I've offended anyone!!!

OP posts:
gomez · 12/03/2006 17:08

I am actually quite pleased YOU are not my neighbour Tahira -yeah Gods what an attitude.

Original poster
tahira · 12/03/2006 17:34

Gomez
you're obviously someone who has very nice neighbours. You don't understand how much stress and misery this has caused us and according to a few of the local residents, they made the other owner's life hell aswell.
It is in your waking thought and what you think of before you sleep. Someone who hasn't experienced it can't understand what an effect this kind of thing has on you mentally.
Yes, I do have an attitude. After all the grief they've caused, I'm sure you would too!!!People can only push you so far before you snap!!!
Thankyou for your useless comment-I'm glad I don't have you for a neighbour (someone who makes random comments through sheer ignorance. You obviously have not even bothered to read the entire thread).
Thankyou everyone else for your support and advice.

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