I am disabled and I live in a ground floor flat which is one of four flats, converted from two adjacent council houses. My neighbour, in the ground floor flat, next door, is also disabled. I have lived in my flat since 1991.
About twelve years ago, my then neighbour moved out and that flat was renovated and the overgrown garden was cleared. A temporary beech and wire fence was erected, by the contractors but, despite several approaches to the council, no permanent fence was erected.
At that time, the Council used the services of NACRO to assist in keeping the gardens tidy but this service was, eventually, discontinued. Because of our disabilities, neither my neighbour nor I were able to tend our gardens and the temporary fence was forced out of alignment.
Eventually, I was able to obtain grants (from various Military and RAF sources because of my Forces service in WWII) and my garden was cleared.
My problem is that Council contractors will not erect a proper fence because of the existing growth which has distorted the temporary (!) fence. The Council has informed my neighbour that he will be charged £3,000.00 if he is unable to clear the area where the unmarked boundary between the properties is overgrown. How can this be resolved?
My argument is that I cannot cross the temporary fence into my neighbour's garden to clear the portion of growth which may be on my side of the original dividing line.
My neighbour's argument is that he is not responsible for clearing any area which is not on his side of the true demarcation line between the properties.
We both agree that the Council should have ensured that the boundary, between the two properties, was clearly delineated and that a propeer and permanent fence should have been erected when the next-door property was renovated.
Has anybody had a similar experience or does anyone know of an existing legal ruling on a similar case where both properties are owned by the same landlord and the problem was created by uncompleted work by the landlord?