Angry neighbour? (Boundary Dispute!!) What Can I do.. Courts or Fight!

[Deleted member 1779]

HELP - WHATS YOUR ADVICE

Got an angry neighbour (last ten years) who is particular about the parking at the back of the houses
and in the communal area.

This is Mr Angry Neighbour - Filmed on CCTV.

These are our cars (parked on our land) or on our concrete.

He climbs up on his garage roof and watches where the cars are parked.

He has now installed 2 x Parking bollars in front of his driveway.

<--- His parking is to the left of the photo

Our parking is to the right of the photo ---->

We all share a "right of way" over the unmade road.

However......

He did NOT install the bollards on his own land. Instead he installed the bollards into the shared access road.

The bollards are set outside his boundary into the right of way road.

The view from our driveway.


As you can imagine the installation makes it a little more difficult (but not impossible) to reverse out of the garage complex and turn into the shared access area.

But what are my options?

1) Just remove the posts and put them onto his drive
2) Bring a civil action for removal
3) Wait for him to die (he is quite old and is paralised on one side) and then remove them.
4) Crash into them and then claim off his insurance
5) Do nothing
6) Put a wall up in front of his posts !!

The only other factors for me is that in winter and in snow its a steep climb to the garage and it has been known for our cars to slip down into this area.
There is a chance of hitting the posts.

The access way is well documented in deeds, titles and plans as a right of way.

He is a crazy old guy and gets very very angry.

 

[Gazzer]

Re: Angry neighbour? (Boundary Dispute!!) What Can I do.. Courts or Fi

I would contact the local council.

 

[nybor62]

Re: Angry neighbour? (Boundary Dispute!!) What Can I do.. Courts or Fi

same here , contact council, if no joy deal with it another way if u no what i mean

 

[Deleted member 1779]

Re: Angry neighbour? (Boundary Dispute!!) What Can I do.. Courts or Fi

Agreed!

Yes have rang the right department in Broxbourne Council. She said "I will come out and look at it in the next 3 weeks...." So I have backed this up by writing a letter to her and attaching 3 x photos by colour printout of the posts. Hopefully she will be able to take some sort of action to get them taken out of the access road.

I know he will probably reinstall them onto his concrete but hey I might as well make it difficult for him than roll over.

 

[Gazzer]

Re: Angry neighbour? (Boundary Dispute!!) What Can I do.. Courts or Fi

does he have a car and do these posts offer protection for his property ? If so Super glue in the locks works well......so i am told....not that i am advising you in anyway.

 

[Deleted member 1779]

Re: Angry neighbour? (Boundary Dispute!!) What Can I do.. Courts or Fi

Erica Scarlot
Planning
Broxbourne Council
Bishops' College
Churchgate, Cheshunt,
Hertfordshire.
EN8 9XQ

Richard & Phillippa Hazell


19[SUP]th[/SUP] July 2012

Erica many thanks for the telephone call at 1pm on 19[SUP]th[/SUP] July 2012 in relation to the recent installation of two parking posts onto a strip of land reserved as a right of way to and from **. The land is an accessway adjoining to the south west.

The posts have been installed directly in front of land titled to ** and opposite land titled **. (See photographs)

The land is reserved as a shared right of way to and from **road for the purpose of access and egress into the properties of ** Road and ** Road.

I can confirm the posts were set into the shared access land on 17[SUP]th[/SUP] July either by contractors working for **, Owner of ** Road, or by **.

The following documents further describe the rights of way:

Entitlement is described in ** HD172966.

Rights of way are granted in Title HD100371 which is a right of way formed between ** and ** and Document Title (Plan) HD354087 shows clear right of way.

Land registry Title HD354984 gives a wider layout view of the land for ** which shows the clear defined boundaries.

Title HD147166 is a title deed for the property ** and it shows via Filed Plan - Land Registry Title HD147166 the clear property boundary line. Specifically it shows the boundary line in relation to the area of shared access and right of way to Briscoe Road. (Ordnance Survey Plan Reference TL 3709)

Title HD172966 which is for Title HD.127142 is for property ** showing the HM Land Registry for July 1982 and includes as part of the plan on its last page a plan of the land. Although the drawing itself has mathematical errors these are noted and corrected by hand. The document marks a clear boundary and is signed by **. In particular the plan shows area G to P to be 38 feet 1 inch plus 44 feet 10 inches. P is therefore clearly the end of the boundary for **

It is our understanding the the strip of land is an accessway and all works should be completed within the area defined on the plans. In title HD172966 works have been done outside the marked boundary.

Our request is the land reserved as a right of way to and from ** be respected as an access road and nothing be done to it that that impedes the safe egress and access to properties of others.


Signed by me !

 

[Deleted member 1779]

Re: Angry neighbour? (Boundary Dispute!!) What Can I do.. Courts or Fi

He is registered disabled and cant drive so he has no interest in cars or car parking.

This is him in 2007 spraying paint onto the road to mark out his territory !
(Caught on CCTV)

This is him spraying car paint onto our drive.... (Again caught on CCTV)
Marking out his boundaries !

His garage (Open behind him) Does have a car inside but I think its sold because of
his paralisis

 

[bugs183]

Re: Angry neighbour? (Boundary Dispute!!) What Can I do.. Courts or Fi

What a rubbish situation for everyone.
He's obviously got so little going on in his life that he needs this to get in a flap about, and your on the receiving end, it's especially ironic as he can't drive!!!
Looks like for the moment the council is the only way to deal with it. Offer to buy his garage off him!
You say he's disabled, not disabled enough to climb on his garage roof for no reason.

 

[John Benton]

Re: Angry neighbour? (Boundary Dispute!!) What Can I do.. Courts or Fi

The council ought to be spending time finding out if his benefit claim forms tie up with the disabilities he's taking off us hardworkers.

 

[peteablard]

Re: Angry neighbour? (Boundary Dispute!!) What Can I do.. Courts or Fi

I have a very short fuse with idiots like that so a stihl saw would be my first option!

 

[prceramics]

Re: Angry neighbour? (Boundary Dispute!!) What Can I do.. Courts or Fi

they would be coming out

 

[prceramics]

Re: Angry neighbour? (Boundary Dispute!!) What Can I do.. Courts or Fi

ring the benefit grass line with those pictures 🙂

 

[Deleted member 1779]

Re: Angry neighbour? (Boundary Dispute!!) What Can I do.. Courts or Fi

Over ten years this has been going on we have taken a non-confrontational approach to him.

My wife is not one for conflict. There is however a possible downside in that its probably emboldened him over the years.

Last month he threw tins of car spray at my car and then - Yes - he challenged me to a fight (note I declined..)

We have never reported anything up until that point..

We had to report it to the local PSCO's so they could go and have a word to calm him down.
The PCSO's have been to see him and he admitted everything ! (Which they said they were suprised at)
They said he was raging about cars driving on his concrete. They have warned him and kept notes to file.

The problem is I have a 2 year old in the car sometimes and we dont want objects thrown at us or the cars.

Also she plays out there on her bike sometimes and however hard we try she can sometimes peddel over his concrete.

His big issue is that cars are driving over his drive / concrete and its getting weaker.

He is out there measuring boundaries and property borders.

We have agreed not to drive over his drive (above) - but it seems those reasurances were not enough.

You are right - he is sitting in his house every day seething.. Anger building up and he is like an unexploded bomb.

 

[Rizzle from the Portizzle]

Re: Angry neighbour? (Boundary Dispute!!) What Can I do.. Courts or Fi

plenty of grease on the garage roof should do the trick :8:

 

[AliGage]

Re: Angry neighbour? (Boundary Dispute!!) What Can I do.. Courts or Fi

You've got him spraying paint on your drive. Report him for criminal damage?

 

[Deleted member 1779]

Re: Angry neighbour? (Boundary Dispute!!) What Can I do.. Courts or Fi

Yep hes been cautioned for Criminal Damage for three things:

1) Criminal damage (spray painting to the drive)
2) Criminal damage (Spray painting to our shed) see below

Its probably really difficult to see in this photo but he sprayed in purple a line down our shed.
Its JUST about visible in this photograh..... But its weathered out since 2007 (which is a good thing)

And the last thing he was warned about for criminal damage
3) Throwing paint cans at the car.

So as I said above everything he did he admitted to (to the shock of the PSCO) and she recorded it and he recieved a formal caution.

Her advice is that if he does anything else then they will prosecute him and use these three incidents as "taken into consideration".

Obviously the construction of these posts is a new thing.

 

[prceramics]

Re: Angry neighbour? (Boundary Dispute!!) What Can I do.. Courts or Fi

you are getting bullied mate pure and simple 🙁

 

[Deleted member 1779]

Re: Angry neighbour? (Boundary Dispute!!) What Can I do.. Courts or Fi

Yes even the PCSO said sometimes these old people use their age to get away with more than they should.

Wife just told me to go get camera - new development...

Back in a jif

 

[Deleted member 1779]

Re: Angry neighbour? (Boundary Dispute!!) What Can I do.. Courts or Fi

We have new signage !!

Just appeared this afternoon (20th July 2012)

 

[Rizzle from the Portizzle]

Re: Angry neighbour? (Boundary Dispute!!) What Can I do.. Courts or Fi

if your neighbours tree over hangs your garden you can cut it back but law states you must returnen the cuts. so pull out the post and leave them on his land no law broken

 

[Deleted member 1779]

Re: Angry neighbour? (Boundary Dispute!!) What Can I do.. Courts or Fi

Should I put this on the drive ?

Or would that now be trespass

if your neighbours tree over hangs your garden you can cut it back but law states you must returnen the cuts. so pull out the post and leave them on his land no law broken

I like the thinking. What I dont want it to end up with is being criminal damage (me!) I think with trees you have to
1) Inform them you are doing the work
2) Offer the branches back.

[h=4]Overhanging branches (Courtesy of Citizens Advice Website) [/h] If a neighbour’s tree hangs over an adjoining property, the tree owner should be asked to trim back the tree. If this is not done, the complainant has the right to trim the tree back to the boundary line although any branches and/or fruit removed belong to the tree’s owner and should be offered back to the owner or disposed of with the owner's consent.

 

[Rizzle from the Portizzle]

Re: Angry neighbour? (Boundary Dispute!!) What Can I do.. Courts or Fi

put a sigh on each of the post giving 48 hours notice that these are on private land and will be removed and disposed of if not removed

 

[poynton phil]

Re: Angry neighbour? (Boundary Dispute!!) What Can I do.. Courts or Fi

I should just cut the posts off at ground level, and put them on his property, and if he puts them back, then cut em off again, he as no right to put these up, unless they are on his property. Or wait till he gets up on the roof, an push the git off. Or just take somen photos, send them to the dhss, asking how a disabled man can climb onto a garage roof.

 

[macten]

Re: Angry neighbour? (Boundary Dispute!!) What Can I do.. Courts or Fi

Must admit I would fire up my Stihl saw and worry about any comeback later. Worth it just to film the old git go nuclear, then you can post the pics here. Would pay to see that.

 

[Ajax123]

Re: Angry neighbour? (Boundary Dispute!!) What Can I do.. Courts or Fi

I have a very short fuse with idiots like that so a stihl saw would be my first option!

Sadly the law is such that that act would be called criminal damage.

 

[Ajax123]

Re: Angry neighbour? (Boundary Dispute!!) What Can I do.. Courts or Fi

https://www.bhs.org.uk/~/media/Main...ghts of Way/Obstruction of Rights of Way.ashx

This might be of help

 

[AliGage]

Re: Angry neighbour? (Boundary Dispute!!) What Can I do.. Courts or Fi

He's already on a caution, you have a camara. Provoke him.

Someones already said, you're being bullied. I can't stand bullies. Downside, he's too old to chim him one. Provoke him to do something else and get the law back out, that'll bring him down a peg or two. Play him at his own game and wait for the fireworks.

 

[Ajax123]

Re: Angry neighbour? (Boundary Dispute!!) What Can I do.. Courts or Fi

Must admit I would fire up my Stihl saw and worry about any comeback later. Worth it just to film the old git go nuclear, then you can post the pics here. Would pay to see that.

That is criminal damage...... Whilst it is not his land the posts are his property and as such he is entirely responsible for them. If fornexample you were to remove the posts and put them on his land and he trips over them and breaks a leg he would have grounds to sue you. The law is a real *** in this respect which is the reason that the authorities always Recomend that you try and settle such a dispute amicably and sensibly. There is however your right to prosecute him nder the obstruction of rights of way act. He cold also be fond liable for a charge of criminal damage himself in the respect that he has damaged the path in order to install said bollards.

I think I would try talking to him first .... Ok in the sure knowledge that he will not listen..... Then write him a polite letter asking him to remove said obstruction and return the ground to its former state with a suggestion that if he fails to comply you will place the matter in the hands of the relevent authorities. Then speak to the council again and seek enforcement. ......... Then again I might just get a breaker and dig them out without damaging them and post them to him by recorded delivery with a note saying

I found these outside and think they might belong to you.

Best regards.....a concerned neighbour.

 

[macten]

Re: Angry neighbour? (Boundary Dispute!!) What Can I do.. Courts or Fi

That is criminal damage...... Whilst it is not his land the posts are his property and as such he is entirely responsible for them. If fornexample you were to remove the posts and put them on his land and he trips over them and breaks a leg he would have grounds to sue you. The law is a real *** in this respect which is the reason that the authorities always Recomend that you try and settle such a dispute amicably and sensibly. There is however your right to prosecute him nder the obstruction of rights of way act. He cold also be fond liable for a charge of criminal damage himself in the respect that he has damaged the path in order to install said bollards.

I think I would try talking to him first .... Ok in the sure knowledge that he will not listen..... Then write him a polite letter asking him to remove said obstruction and return the ground to its former state with a suggestion that if he fails to comply you will place the matter in the hands of the relevent authorities. Then speak to the council again and seek enforcement. ......... Then again I might just get a breaker and dig them out without damaging them and post them to him by recorded delivery with a note saying

I found these outside and think they might belong to you.

Best regards.....a concerned neighbour.

I don't think I'd be too bothered about the eyes of the law if I was in this situation.

 

[Ajax123]

Re: Angry neighbour? (Boundary Dispute!!) What Can I do.. Courts or Fi

I don't think I'd be too bothered about the eyes of the law if I was in this situation.

Hmmm..... Moderators please take note..... Should we be ecnouraging or condoning law breaking how ever picky I might sound. Perhaps this thread is a little dodgy now???

 

[DHTiling]

Re: Angry neighbour? (Boundary Dispute!!) What Can I do.. Courts or Fi

It is in the arms Alan... and should be taken with a pinch of salt.. we cannot police members thoughts/opinions just like that..