Boundary between adjacent council properties

[HSS]

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?

[citizenB]

I would have thought that Boundary issue is one the Council should resolve then you and your neighbour could then get on and maintain your own areas. I have not seen a similar issue on CAG, but will ask other members of the site team if they have any ideas.

[stu007]

Hi

 

Do you own the property or is it council housing?

[caro]

Have you tried contacting your local councillor to try and get it sorted? Maybe even contact the local press to try and shame them into doing something about it.

[mariner51]

Why would local press be interested in neighbours' boundary fence dispute?. Counciil owns both gardens and can install any demarcation fencing of their choosing. Unless there there is evidence to the contrary, we have to assume the new fence line broadly conforms to demiseand d property & Deeds plan.

What is nature of OPs & neighbour's disability>?

What does Lease say about garden boundary fences?

[caro]

Why would local press be interested in neighbours' boundary fence dispute?. Counciil owns both gardens and can install any demarcation fencing of their choosing. Unless there there is evidence to the contrary, we have to assume the new fence line broadly conforms to demiseand d property & Deeds plan.

What is nature of OPs & neighbour's disability>?

What does Lease say about garden boundary fences?

 

Because 2 local people, both of whom have disabilities, have been asking for this to be done for so many years. Whether due to inefficiency or cuts it's ludicrous that 2 tenants have not had a solution to their problem for so long, That's why local press may be interested,

[sequenci]

Hello there.

 

It could be worth contacting the Local Government Ombudsman:

 

http://www.lgo.org.uk/

[mariner51]

The Council contractors did erect a 'beech & wire fence' which the Council may regard as permanent.

Neither neighbour has maintained their gardens, though OP did have his garden cleared at some point courtesy of a 'Services' grant.

There are several charities that could assist with cutting down overgrowth, application to HM Court Service for a person required to do unpaid community service, a willing retired gardener etc, but until OP returns to answer questions posed, it is all speculation. LLs expect Ts to maintain garden or they charge for gardening services.

[Conniff]

Local newspapers love local stories and this is just the sort of thing up their street. You should give them a ring or email.