Possible boundary dispute

[furbix]

The boundary between my property and next door is clearly stated on the filed plan, planning documents (new house), architect docs, garden fence, deeds etc. Still that doesn't stop my neighbour encroaching on my land. They are doing this by menaces, I suspect to get me to make space for them to extend their boundary; damaging my car once a week so I move it basically. As well as all of the aforementioned, the other neighbours are on their side, possibly due to race issues but I hate to think this. This also leads me to believe they're trying to get me to move by duress. I've got valuations as I'm fed up but due to the state of the property market I'd have to move to a house half the size, so not really an option.

 

(The car damage started a year ago. At first I thought it was something wrong with the car, I took it to the dealer and complained that one side of the bumper was pushed in. Later I realised that this wasn't the case when the neighbour had got lazy, not removing the clear coat powdery residue from my car when they hit it.)

 

Any ideas what to do would be appreciated. Legal action is going to reduce the value of my home and I suspect lead to retaliations; as would be the case if I involved the police. Should I just park my car away from my house and allow them to do what they want for the sake of peace? If I sold the house would they have gained an interest over my property if I ignored their actions? They also have a pedestrian right of way down the side of my property that they use as their own, which I've ignored to avoid trouble.

[unclebulgaria67]

Are they building a house or having works done ?

 

Why are they encroaching on your land ?

 

If you are having problems, get some CCTV cameras installed and start collecting evidence.

 

If you can't speak to the neighbour, write to them pointing out the issues they are causing you. It is in neither interest to have any dispute on record, as it could cause a problem when selling.

[furbix]

They have a very big car that doesn't fit on their drivewway without going across mine. They also have no lowered kerb for their drive, so use mine to get onto theirs.

 

I wrote to them saying that I'm willing to ignore the damage to my car for the sake of peace. However while I'm putting money aside to repair the existing damage from a few weeks ago they damaged my car again. I have a £500 insurance excess and each instance of damage was below that so no benefit in claiming (would also put my insurance up).

 

I think putting CCTV up might make things worse, antagonise and lead to further problems.

[unclebulgaria67]

They have a very big car that doesn't fit on their drivewway without going across mine. They also have no lowered kerb for their drive, so use mine to get onto theirs.

 

I wrote to them saying that I'm willing to ignore the damage to my car for the sake of peace. However while I'm putting money aside to repair the existing damage from a few weeks ago they damaged my car again. I have a £500 insurance excess and each instance of damage was below that so no benefit in claiming (would also put my insurance up).

 

I think putting CCTV up might make things worse, antagonise and lead to further problems.

 

If they damaged your car, there is nothing stopping you claiming directly from their cars Insurers, when you would have no excess to pay. You just visit the Askmid site, put in their registration number and contact their Insurers to make tbe claim. Their Insurers will then contact the neighbours about them damaging your car, asking for their side of the story. If they damaged your parked car, the neighbours Insurers will pay to repair your car.

 

In doing that way, there is a consequence to the neighbour damaging your car i.e they will see an increase in their premiums. If you ignore and don't make a claim, they think they can get away with it.

 

The neighbour needs to sort out their car parking issue and if necessary pay the council to change the curb.

[citizenB]

Would you be able to put up a fence ?

[furbix]

I'm pretty certain they will deny all fault if I go direct to their insurer because the damage is being caused maliciously.

 

I was thinking about paying the council to get their curb changed but I have no idea whether this would bring resolution. I would also need to get a credit card to be able to pay this immediately. Going to this extreme would be sickening but I'd do it if it meant no more problems.

 

I'm not even sure the request to sort out their curb would be accepted because where they park their car the ground is sinking, possibly not fit to park there. Was just a garden before and paved over.

[furbix]

Fence would be knocked down I suspect. I put my dustbins at the top of my drive and they pushed them over to get their car in.

[unclebulgaria67]

I'm pretty certain they will deny all fault if I go direct to their insurer because the damage is being caused maliciously.

 

I was thinking about paying the council to get their curb changed but I have no idea whether this would bring resolution. I would also need to get a credit card to be able to pay this immediately. Going to this extreme would be sickening but I'd do it if it meant no more problems.

 

I'm not even sure the request to sort out their curb would be accepted because where they park their car the ground is sinking, possibly not fit to park there. Was just a garden before and paved over.

 

We can only suggest solutions. It is up to you whether you wish to continue with the situation.

 

Usually a bully will keep picking on the person they think they have power over.

 

If you have evidence of the neighbour damaging your car, stick in a claim to their Insurers. Why should you accept any loss at the neighbours doing ?

 

If you do things such as paying for curb works, that is giving in to the neighbour again. What will you have to pay for next ?

[unclebulgaria67]

Gather evidence of anti social behaviour by the neighbour. Both the Police and Council have power to act.

[unclebulgaria67]

I'm pretty certain they will deny all fault if I go direct to their insurer because the damage is being caused maliciously.

 

I was thinking about paying the council to get their curb changed but I have no idea whether this would bring resolution. I would also need to get a credit card to be able to pay this immediately. Going to this extreme would be sickening but I'd do it if it meant no more problems.

 

I'm not even sure the request to sort out their curb would be accepted because where they park their car the ground is sinking, possibly not fit to park there. Was just a garden before and paved over.

 

Just to clarify because i have jumped to assumptions because you mentioned the size of their car. You can only claim off their Car Insurance, if any part of their car, came into contact with your car. If they have caused malicious damage themselves, then that is a report to Police.

[JoeyJoeC]

Don't be tempted to pay out money to 'keep the peace'. That would only encourage them to see how far they could go. Personally I wouldn't make a claim on the car damage yet yet, until you can get solid evidence by way of a CCTV camera installed somewhere. I doubt they would accept blame for it.

 

Never mind a fence, get some concrete posts put in!'

[honeybee13]

furbix, taking some photos of any damage might help you.

 

HB

[BazzaS]

Don't be tempted to pay out money to 'keep the peace'. That would only encourage them to see how far they could go. Personally I wouldn't make a claim on the car damage yet yet, until you can get solid evidence by way of a CCTV camera installed somewhere. I doubt they would accept blame for it.

 

Never mind a fence, get some concrete posts put in!'

 

How long have they been using the access "as of right": ("without force, permission, or secrecy").

If it has been with your permission (or with force, or in secret), they can't have acquired the right to use it (an 'easement') through long use.

If they have used it "as of right" for over 20 years, they could insist you remove any fence / posts....

[labrat]

morning, just my tupence about CCTV

 

Dont worry about the cost of this as much as you think.

 

Theres Three options on it , each has its own benefits and drawbacks

 

1) Standalone CCTV - Costs about 130 (sorry on american kbd my pound signs missing) - comes with X amount of cameras and a recording box, needs power cables and AV cables laying to each camera\

2) IPCCTV - Wireless enabled camera, links to any wireless router - its about 30 and you will need software on your computer to record - which is free

3) CHEAPEST METHOD, if your computer is near the side of the house then get a webcam - this is about 10 pound for a decent one - or about 1.50 from any carboot, mount it in the window and use the same software as above to record

 

im not sure im allowed to name the software i use on the forum so lets just say its the name of a childs game, their playing it in the bear garden forum at the moment.

 

you can set it to only record if it detects movement - thats handled by the software

 

i had similar issues with neighbors and its stopped since i put the cameras up and told them to keep their kids away from now on as i had video of them damaging my gates

[furbix]

Thanks. Will go with wireless camera to get evidence.

[king12345]

Concrete posts in my opinion.

Even better, a concrete wall

[furbix]

I don't want to antagonise though. A pedestrian right of way (walking space part of my property) separates my drive from theirs so a wall is not an option. They treat this pedestrian right of way as their own by damaging by car etc.

 

From doing research the best course seems to be to get video evidence then prove a causal link with the past instances of damage in court to get back money I've spent in car repair. Problem is this might be country court action not small claims and I worry it may effect the value of my house.

 

Even if I got a court order to force them to acknowledge the pedestrian right of way and to stop crossing diagonally the dropped kerb/pedestrian right of way thereby damaging my car; what if it just keeps happening and back to square one. My head tells me to live with the disobedience for a few years while making enough money to move to a better area (sell my car also and by one for a few hundred quid I don't have to worry about).

[hightail]

Concrete posts are the answer. Place them your side of the public footpath and he can't go onto your drive but you aren't blocking walkers.

[labrat]

Thanks. Will go with wireless camera to get evidence.

 

just remember to change default name and password

 

many of these do get hacked - but most are boring

[BazzaS]

Concrete posts are the answer. Place them your side of the public footpath and he can't go onto your drive but you aren't blocking walkers.

 

Provided they don't have an easement : where they could (legally) force the OP to remove any obstruction on the OP's land.

[furbix]

Yes, they have a pedestrian right of way which I think would stop me from putting any barrier up. This pedestrian right of way splits the two properties apart but because it's not a physical thing like a barrier they ignore it (cross it to get on their drive which has no dropped kerb).

 

They park vans in front of my drive like it's their own, in addition to causing significant damage to my cars so need to do something. It's just such a waste of my time and annoying; on top of the time wasted repairing cars.

 

I've got them on camera driving across the pedestrian right of way to get to their drive, will acquire a few weeks worth of evidence to show they've been ignoring the right afforded to them by law. Then go to court to get that right squashed and seek compensation.

[BazzaS]

Yes, they have a pedestrian right of way which I think would stop me from putting any barrier up.

 

It would stop you putting up a fence that obatructed pedestrians, not bollards that would prevent cars but allow pedestrians.

 

I've got them on camera driving across the pedestrian right of way to get to their drive, will acquire a few weeks worth of evidence to show they've been ignoring the right afforded to them by law. Then go to court to get that right squashed and seek compensation.

 

What "right afforded to them by law" have they been "ignoring"?

How do you believe you can get that right "squashed"?

[furbix]

It would stop you putting up a fence that obatructed pedestrians, not bollards that would prevent cars but allow pedestrians.

 

 

 

What "right afforded to them by law" have they been "ignoring"?

How do you believe you can get that right "squashed"?

 

I guess any sort of obstruction would be deemed to interfere with their right of way as it's quite narrow. If I go to court I don't want to give a lawyer any ammunition.

 

In the deed that split the land in two they were given a pedestrian right of way, this deed is registered with the land registry. I'm hoping any court will see they're ignorance of the right of way and amend the deed. Then I can go to the police with a firm accusation of criminal damage to both my cars.

[BazzaS]

I guess any sort of obstruction would be deemed to interfere with their right of way as it's quite narrow. If I go to court I don't want to give a lawyer any ammunition.

 

In the deed that split the land in two they were given a pedestrian right of way, this deed is registered with the land registry. I'm hoping any court will see they're ignorance of the right of way and amend the deed. Then I can go to the police with a firm accusation of criminal damage to both my cars.

 

I think you are confusing issues.

 

Bollards to stop a car (which doesn't have a right of way over a pedestrian access) won't impede pedestrian access.

 

A court is unlikely to amend the deed to remove a pedestrian right of way merely because it had been used for a car : it would more likely injunct (prohibit) the use of the car to pass over the land.

 

If you have proof to support your accusation they damaged your car then you have proof. If you don't, going to court over the right of way won't create proof. If you wait, it isn't unreasonable for the police to say "why did you wait if you had proof?"

Don't confuse the civil dispute and any allegations of a criminal offence.

[furbix]

I think you are confusing issues.

 

Bollards to stop a car (which doesn't have a right of way over a pedestrian access) won't impede pedestrian access.

 

A court is unlikely to amend the deed to remove a pedestrian right of way merely because it had been used for a car : it would more likely injunct (prohibit) the use of the car to pass over the land.

 

If you have proof to support your accusation they damaged your car then you have proof. If you don't, going to court over the right of way won't create proof. If you wait, it isn't unreasonable for the police to say "why did you wait if you had proof?"

Don't confuse the civil dispute and any allegations of a criminal offence.

 

Thanks, your right this is a police matter first and foremost. Just have to gather evidence. I have pictures of all the damage so far but didn't have my wifi camera.

 

Still hesitant about bollards but going to look into it.