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Legal, pensions and money

Its happened again!!!

(13 Posts)
JessM Mon 28-Oct-13 13:13:05

It may not be a planning issue but they may be able to make useful suggestions.

gillybob Mon 28-Oct-13 12:43:43

Thank you JessM I think I will do just that !

JessM Mon 28-Oct-13 12:40:36

oh dear gillybob what they really need is that iron shuttering they use in holes in the ground. Maybe talk to your planning department who might have some advice. Planners are always happy to talk in my experience. Just roll up and ask to speak to the duty planner.

gillybob Mon 28-Oct-13 12:29:38

Yes you would think so JessM but these are obviously not the brightest buttons in the box ! Their garden was just a pile of mud for about 2 years after we/they moved into our newbuild. Then about a month ago a small digger appeared and they began removing piles and piles of earth. My DH spoke to the neighbour (very nicely) and mentioned the problems (my garden falling in, the fence having no support etc) and the neighbour looked suprised and said "don't worry we won't let that happen". DH mentioned it again last week as a gap has started to appear and we are worried that the children could literally fall through. The neighbour then said that he was thinking about putting some paving stones in ??????????? (only thinking mind you)Not sure what we can do but really concerned as I love my garden.

JessM Mon 28-Oct-13 12:17:34

Flowerofthewest if it is your property could the solicitor who sold it to you advise so that you are completely clear. In some ways better if it is yours as you are in control (but not cost of course)
People do odd things don' they gillybob I would have thought that if they were going to do that it would be in their interests to reinforce the cliff?
(In a house where my son rented a room in NZ i was riveted to see that the back yard had a steep drop on 2 sides - quite a few metres. To add insult to injury it was built on a sand dune and as the coup de gras the owner had installed quite a large, deep swimming pool which took up most of the yard. She had died and left the daughters with a serious problem. Suspect planning may have been rather lax.)

gillybob Mon 28-Oct-13 11:40:29

Not always Flowerofthewest. I was looking into our deeds recently as
the clowns next door my neighbours have decided to dig their garden down by about 3 feet (I kid you not) in order to level their garden out. They have now paved the entire area which means that my garden is now some 5 feet above theirs and the fence posts and cement is exposed. There is a very realistic risk that, once we have some serious rain or snow my garden will probably just collapse into theirs along with the fence! Anyway, apparently (????)unless the deeds specifically mention the boundary then it is negotiable.

Flowerofthewest Mon 28-Oct-13 11:33:13

means thlsad

Flowerofthewest Mon 28-Oct-13 11:32:54

Bum and bum again, T mark on deeds shows it is our boundary. [thlsad)

shysal Mon 28-Oct-13 09:09:34

If you can look at the deeds, the T mark should give you the answer.
www.landregistry.gov.uk/public/faqs/how-do-i-find-out-who-owns-andor-has-the-responsibility-for-the-boundary-fencewallhedge-of-a-property

sunseeker Mon 28-Oct-13 09:07:30

Unless you have specific measurements in your deeds the boundaries could be difficult to ascertain. It is sometimes mentioned in deeds which boundaries are the responsibility of which homeowner but this tends to be in newer properties.

I would start out by trying to have a friendly chat with your neighbours and if she has a copy of their deeds ask if it mentions who owns which boundary. You can obtain a copy of your own entry on the Land Register from H.M.Land Registry.

Flowerofthewest Mon 28-Oct-13 08:45:56

Think I will send DDH round, we will remove the fence from their garden,of course, but how I just do not know. Maybe the couple will help to lift it!!!! confused maybe not. They really need a fence more than us to keep their dogs in. Will send him round asap. [HELP]

JessM Mon 28-Oct-13 08:43:27

Suspect if you put the fence up and it is currently in their garden, you are going to have to remove it from their garden for a start. I would be inclined to open negotiations sooner rather than later, with your best apologetic smile on your face.

Flowerofthewest Mon 28-Oct-13 08:30:39

Our fence has blown down. We are not sure of the boundary and we replaced the wire fence when our neighbours decided to get 2 dobermens and two other dogs. The original boundary was a line of fir liandii (speling) which we removed as they were on our property and planted by previous owners and reaching an enormous height. This left a small fence 2ft and plus wire fence. When the neighbours had the dogs we put a higher fence. We are not sure who the boundary belongs to. The neighbours are not the most approachable at times, never fallen out but they were very aggressive to the young man who was putting a fence at the end of their garden to keep his child safe. He had to 'double' panel the fence so that they had the 'nice' side facing them.

We thought we had solved the problem of the fence blowing down with cemented in, stronger wooden posts, but sadly not. Three panels now lie onto the neighbours garden. It cannot be fixed today and I wonder whether it is even our responsibility to fence this boundary. The left/right etc 'law' is not even a true law and the only way is to look at our deeds, hoping they give the boundary. We do not mind paying half for the fence but we always seem to just repair it or replace it. They would not volunteer if it is their boundary and their responsibility. I know she has a copy of her deeds to hand as she was concerned about a 2.1/2" (I kid you not) overlap on our shared concrete driveway!!!!! Any suggestions please would be helpful.confused