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Boundary wall of our property

12 replies

Lambsleg · 23/10/2018 00:30

Sorry, this is long. We have a 1930s detached house where one of our house walls forms the boundary between us and the neighbours. All the houses in the street are built the same. The wall is 100% ours.

The neighbours are elderly and not at all friendly or approachable. I think they don't like the fact that we're young and their friend used to own this house before she died. The neighbours have lived here for many, many years and think they own the street. We keep hearing them speaking to other neighbours about us, saying we're a nuisance family and how previous owner would turn in her grave if she knew people like us were living in her home!

Their garden butts up to our house wall. Neighbours' garden is totally overgrown and is overrun with brambles, weeds, bushes and trees,
bags of rubbish, wheely bins etc. The brambles are 2 to 3 foot high and very dense. It is impossible to get within about 2 feet of our wall because of these brambles. There is barely a clear piece of soil in their entire garden that is bramble free.

We had our friend over today who knows a bit about building and diy and when the neighbours went out we sneaked a quick look round their side of our wall (we had to actually go into their garden to be able to see it and fight our way along their overgrown front garden and path). The bottom part of our house wall (between 12-18 inches high) for the entire length of our property is now a dirty green colour (it used to be cream when we first moved in).

Our friend also noticed that the neighbour's property which is quite close to ours has a piece of their guttering missing and other areas are broken/cracked especially on the side nearest to our property so when it rains the water must be pouring out and collecting at the bottom of our wall. We haven't noticed any obvious signs of damp indoors yet so don't know how long their guttering has been like this.

Our wall needs to be repainted (it's painted pebbledash). Friend said the top of our house could be reached with scaffolding but the bottom 3 ft of wall would be difficult because of the brambles. He reckons we need to chop all the brambles down to get access to the bottom of the wall before any builder/decorator will be able to get to work on it. I can't see the neighbours agreeing to this!

We've been here about 2 years now and when we previously asked if we could go round to clean our gutters out they said 'no, not convenient'. A couple of other requests from us have been met with the same response. Neighbours are fit and physically healthy so there appears to be no reason why they don't maintain their garden, other than laziness. They're part of a local walking club so can only assume they're not disabled in any way. Myself and my husband offered to help them tidy their garden shortly after we moved here on one of the few occasions we have spoken to them (their garden wasn't too bad a couple of years ago) and they took great offence and have more or less ignored us since then. We thought we were being neighbourly but obviously they thought otherwise!

This is the first property we have ever owned and we're really regretting buying this house now. If we had the money we'd sell up tomorrow and get the hell out of here but I don't think anyone would want to live next door to that mess.

Our property is suffering because of them. What would you do? We're tempted to order a few gallons of weedkiller and next time they go out, pour it all over the brambles and weeds that are touching our wall so that at least if we do ever find a builder/workman he might be able to get near enough to our property to work on it! We're thinking we'll probably have to get a solicitor involved to write them a letter to say they have to allow us access for essential maintenance but not sure if our information is correct. Plus we don't have much money to get into legal problems with anyone. Husband recently lost his job! Also, is there any point trying to repaint this wall if the neighbour doesn't repair their own guttering? Please help.

OP posts:
wowfudge · 23/10/2018 07:57

I'm not surprised you offended them over clearing their garden tbh. You can't force someone to do something you want. If the brambles are encroaching on your garden you can cut them back to the boundary, that's not a problem. Pouring weedkiller on your NDN's garden would be criminal damage though.

The issue however is the broken guttering. If the relationship has completely broken down then do you have legal cover on your home insurance? You may be able to get a letter sent to them about the guttering. For maintenance issues relating to your wall you can, if necessary, get a court order to get access to maintain your wall. However I would strongly encourage you to try to rebuild what relationship you had with them - with Christmas coming up that could be the ideal time. Apologise that you seemed to get off on the wrong foot and take it from there.

wowfudge · 23/10/2018 07:59

You do realise of course that when trespassing in their garden you've probably been seen by another neighbour and things will never recover?

HoppyHop · 23/10/2018 08:46

It sounds to me that whoever moved into their friends house wouldn't be good enough so don't beat yourself up about that.
As for going into their garden when they're not in-under the circumstances I would have done the same.

Are you friendly with any of the other neighbours? Personally I would start a charm offensive! Have a neighbourly get together, invite them all round. Try to build a relationship with them (maybe an uphill struggle!). Casually mention that you didn't mean any offence about their garden and it was a friendly offering.
Going legal will mean you can never build bridges with them and you may be neighbours for a long time. Good luck!

sbplanet · 23/10/2018 08:55

I don't know enough to be sure but isn't this about access to a neighbours land? You normally as you say just agree access to do work on your property.

www.problemneighbours.co.uk/rights-under-access-to-neighbouring-land-act.html

sbplanet · 23/10/2018 08:56

Oh and trespass is now a civil offence and they'd have to prove damage to be able to get any redress against you.

With a garden like they've got I imagine they're not the most popular neighbours whether or not they talk to the rest of your locale!

Lambsleg · 23/10/2018 12:16

When I said we offered to help them 'tidy up their garden' I was using their words. One of the first times we spoke to them after moving here they said about their garden "its a fulltime job trying to keep the garden tidy". We said "if you need a hand give us a shout, we'll help you". What's offensive about that? We didn't just say 'you're garden's a mess, tidy it up". We're not that rude or insensitive.

There is no way any problems with our wall can be seen from our side. The problems can only be seen from their side. We wouldn't need to go sneaking into their garden if they were in any way, shape or form, nice, friendly neighbours. We've had the neighbours on the other side of us asking to come on to our property to do work to their own property which, like the set up that applies to us, can only be done from our side. We had absolutely no problem with them working on their wall, from our garden, for over a week with scaffolding up, repainting, re-guttering, new fascia boards etc.

The neighbours in the street are a mixture of ages. A couple of newer families have moved in recently and they have young kids. One or two of the older neighbours (including the miserable couple next to us) have been really judgey about them as well. I think some of the older neighbours are just jealous of us younger residents and want to make life as uncomfortable for us as they can.

In hindsight my comment about the weed killer was said more in frustration than anything else. I won't actually be doing that. We have tried on several occasions to try and get neighbourly relations back on track but have been met with absolute silence from them. So it's not the lack of trying, on our part. We don't really know that many of the neighbours cos until recently we've both been working full-time and several of our neighbours have either died or moved recently. Whilst job hunting my husband has been at home during the day sometimes and he says miserable neighbours and a couple of old neighbours across the road stand outside our house and appear to be slagging us off, from the way they keep turning round and looking into our property. The neighbours the other side of us are middle age and really nice. If our miserable next door neighbours were in any way decent neighbours they would keep their garden in a reasonable condition and ensure their maintenance problems with their own guttering weren't having a negative impact on any other neighbour.

I will have to check our insurance policy about legal cover, can't remember if we took that option out or not.

I appreciate the helpful advice given but some of the posters on here some very quick to judge.

OP posts:
wowfudge · 23/10/2018 12:22

I only had what you posted to go on. With the context you have given it was clearly different from the impression I had, which was that you offered to tidy up their garden without then having even mentioned it! Even so, you still shouldn't have gone into their garden when they weren't there.

wowfudge · 23/10/2018 12:22

Them, not then

wowfudge · 23/10/2018 12:39

I doubt any of us would be very happy to find out our neighbours had been in our gardens whilst we were out without asking first. That was my point.

Lambsleg · 23/10/2018 12:45

wowfudge, so it would be better for damp problems to start in our home rather than be proactive and look to see if any problems exist? The only reason why I knew about the brambles up against our wall was because I was up on a step ladder cleaning our back windows and happened to see over the fence. So am I correct in thinking if you own a property with a wall on the boundary you must never do any maintenance to it for fear of possibly upsetting your neighbour?

OP posts:
BlueflowerRedthorns · 23/10/2018 13:48

We just bought a new house and one thing the solicitor said was was have to allow access to neighbours for maintenance to their houses if necessary. Check the deeds and see what they say, might be helpful.

Bluebolt · 23/10/2018 13:55

It would be easy if it was that simply, unfortunately when it comes to boundaries your neighbours can be helpful or it can lead to a complex legal battle and as they probably have no intention of moving it will be you that has the added cost of selling with declaring any disputes. No matter how difficult they are it is in your benefit if the work can be done amicably. If that is massaging their egos until it’s done then that is the best route.

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