snake Posted January 31, 2009 Share Posted January 31, 2009 It would be best to come to a friendly agreement but failing that . Put some posts in the ground tomorrow define your boundary, and tell the builders not to go past it on monday.If she gets stroppy ask her not to drive across your driveway in future. Quote Link to comment Share on other sites More sharing options...
Soop Dogg Posted January 31, 2009 Share Posted January 31, 2009 It would be best to come to a friendly agreement but failing that . Put some posts in the ground tomorrow define your boundary, and tell the builders not to go past it on monday.If she gets stroppy ask her not to drive across your driveway in future. Yep - get some posts in pronto - then on Monday nail some cheapo fencing to it to define where YOU think the boundary should be. Tell them that if they interfere with your property you'll have them in court in a heartbeat. Put a proper fence up later. Quote Link to comment Share on other sites More sharing options...
stevie_b Posted February 1, 2009 Share Posted February 1, 2009 I'd advise against doing anything too heavy-handed until you need to. It's awful living next door to people you don't get on with: if they're the vindictive type they can make your life a real pain with stupid tit-for-tat stuff. I would try to keep this potential dispute verbal without resorting to putting up quickie fencing, etc. It's a fine line between not wanting to escalate things, and being a push-over so I understand the dilemma. Keep it civil (or at least don't be the one to break that civility), but tell her that you think the builders may be paving on part of your driveway according to the deeds, and would she mind if the work is delayed for x days until you can confirm this? Quote Link to comment Share on other sites More sharing options...
colsoop Posted February 1, 2009 Share Posted February 1, 2009 I'd advise against doing anything too heavy-handed until you need to. It's awful living next door to people you don't get on with: if they're the vindictive type they can make your life a real pain with stupid tit-for-tat stuff. I would try to keep this potential dispute verbal without resorting to putting up quickie fencing, etc. It's a fine line between not wanting to escalate things, and being a push-over so I understand the dilemma. Keep it civil (or at least don't be the one to break that civility), but tell her that you think the builders may be paving on part of your driveway according to the deeds, and would she mind if the work is delayed for x days until you can confirm this? I agree, this is how tit for tat disputes start ! Quote Link to comment Share on other sites More sharing options...
Soop Dogg Posted February 1, 2009 Share Posted February 1, 2009 I also agree - BUT - as has already been said, once they have laid the driveway on Rosie's property, it will be much more difficult (and expensive) to do something about it after the event. Quote Link to comment Share on other sites More sharing options...
Chris Wilson Posted February 1, 2009 Share Posted February 1, 2009 Get some photographic evidence of the state of play as it is now, is my advice. Whether you escalate it or not later is up to you, but proving where things were BEFORE work starts without photos is a nightmare. I would get a date reference in them somehow, today's paper or something. I don't know the exact situation, but sometimes it's just easier to give the *astards a few inches than risk high blood pressure and ongoing nastiness. That's up to you of course, but these things can escalate out of all proportion, as the papers show every week Quote Link to comment Share on other sites More sharing options...
Faye Brother Posted February 1, 2009 Share Posted February 1, 2009 The issue of whether or not planning permission is required is potentially a red herring and ultimately probably won't be of any real assistance to the OP. Should the driveway require express permission, either because it fails to comply with the new Class F rights of the GPDO in terms of construction/materials or because it's not within the curtilage of the property it serves, then the neighbour is still entitled to make a planning application to the local planning authority for its consideration. Whilst the issue of whose land it actually is may well crop up, if the LPA is satisfied that the certification relating to ownership is correct, then it may well grant permission anyway. Even if the neighbour did concede it was not entirely on their land and served the appropriate notice on the OP, planning permission could still be granted anyway. In addition, it's important to bear in mind that even if the driveway does require planning permission, the LPA would have to consider whether it would be expedient for them to pursue it in the event the neighbour failed to submit an application for their consideration. Unless its construction is likely to turn the road into the Ganges when a bit of rain falls, they may well conclude that are no justifiable reasons for taking action in what is essentially a private neighbour dispute. Quote Link to comment Share on other sites More sharing options...
marbleapple Posted February 1, 2009 Share Posted February 1, 2009 Get some photographic evidence of the state of play as it is now, is my advice. Whether you escalate it or not later is up to you, but proving where things were BEFORE work starts without photos is a nightmare. I would get a date reference in them somehow, today's paper or something. I don't know the exact situation, but sometimes it's just easier to give the *astards a few inches than risk high blood pressure and ongoing nastiness. That's up to you of course, but these things can escalate out of all proportion, as the papers show every week Very true. Evidence is always required and often it is to late. Preservation of evidence is paramount. Quote Link to comment Share on other sites More sharing options...
geoff meade Posted February 1, 2009 Share Posted February 1, 2009 bloody hell all this so far and you have not yet spoken to your neibour, or the lads doin the blockpaving. just see the lads who are doin the paving and explain to them were you think your divided line is and ask them to put the edges no further than you say, if you are out at work befour they start work and are finding it hard to speek to them all you have to do it put a string line were you think is acceptable and leave a note for the company doin the paving. i have been paving for 16 years and never had any problems. good luck Quote Link to comment Share on other sites More sharing options...
stevie_b Posted February 1, 2009 Share Posted February 1, 2009 bloody hell all this so far and you have not yet spoken to your neibour, or the lads doin the blockpaving. She's spoken to her neighbour already (post 39) , although it didn't go anywhere. Quote Link to comment Share on other sites More sharing options...
Rob Posted February 1, 2009 Share Posted February 1, 2009 i have been paving for 16 years and never had any problems. Christ, your driveway must be miles long. Quote Link to comment Share on other sites More sharing options...
Supragal Posted February 2, 2009 Author Share Posted February 2, 2009 I'd advise against doing anything too heavy-handed until you need to. It's awful living next door to people you don't get on with: if they're the vindictive type they can make your life a real pain with stupid tit-for-tat stuff. Exactly!!! Quote Link to comment Share on other sites More sharing options...
Supragal Posted February 2, 2009 Author Share Posted February 2, 2009 bloody hell all this so far and you have not yet spoken to your neibour, or the lads doin the blockpaving. I have spoken to both... and the blokes said they would spray the boundary line for me tomorrow (today.. Monday... whatever it is now...) but the snows not going to help! Quote Link to comment Share on other sites More sharing options...
plus1 Posted February 3, 2009 Share Posted February 3, 2009 Any joy with the builders or neighbours? Quote Link to comment Share on other sites More sharing options...
Supragal Posted February 3, 2009 Author Share Posted February 3, 2009 Nope, they haven't been here at all, there is 14" of snow though so I'm guessing that is a good enough excuse. Typical though now I won't get to speak to them. They know I want to though so I'd like to think they have at least been warned! Quote Link to comment Share on other sites More sharing options...
plus1 Posted February 3, 2009 Share Posted February 3, 2009 If you can get pictures of the blocks and fronts when the snow has gone, some of us may be able to say if they need planning or not. Good luck anyhow Quote Link to comment Share on other sites More sharing options...
Supragal Posted February 6, 2009 Author Share Posted February 6, 2009 Riiiiight ok. So the situation that I tried to avoid has happened. As I say they haven't been there all week. Got home last night and they have started. More than started they have dug out and set 4 massive fence posts in place. The WRONG place. I had to go out last night so I knocked on her door and said: "I'm really sorry I can't stop to discuss this now as I'm running late but the boundary line is wrong unfortunately" "No it's not. I've been on the phone to the land registry and they have told me exactly where it needs to be." "But you said they didn't have detailed plans and I checked too and they don't" "No they are the plans we both looked at but they had them up on their screen and they said to me that as long as I went straight up the middle it was right" "But that isn't straight up the middle" "Yes it is" "No, it's really not. I can't stop I'm late we will have to talk about this later but it isn't right" "I haven't even looked" *puts shoes on and comes out* "You are right that is wrong" "Good thank you I'm glad we agree, I'm not trying to be difficult but it has to be right" "Yes you are right it does need to be right I will tell them it needs to come over a bit, to about here" *indicates a place* "No it's to here" *I point to a spot* "You can't do that! How will I get on and off my driveway?" "It is a bit narrow but that is where the boundary is. I would suggest you put in a drop kurb" "The council won't let me!" "I'm suprised they said no, I asked about doing my side and they said it was fine and put it in writing, I just haven't done it yet" "Oh well I haven't asked them" "So I would put a drop kurb in and then you'll have masses of room, now the hedge is out you can see how much space you have, it's plenty" And it basically carried on like that with me saying "I have to go I'm late but this is wrong and needs sorting" and her saying "I can't do that how will she get on her driveway?" Just to recap SHE DOESN'T EVEN HAVE A CAR. Livid. I tried to take photos this morning but it's too dark. I only have a camera on my phone and it hasn't come out at all. Quote Link to comment Share on other sites More sharing options...
Wez Posted February 6, 2009 Share Posted February 6, 2009 SHE DOESN'T EVEN HAVE A CAR. Quote Link to comment Share on other sites More sharing options...
Supragal Posted February 6, 2009 Author Share Posted February 6, 2009 When her son visits in his giant pickup truck he needs to use it. Like a drop kurb is going to be an issue in that anyway. I just don't have time to sort this out at the moment either FFS. Quote Link to comment Share on other sites More sharing options...
Animal Posted February 6, 2009 Share Posted February 6, 2009 Well, she's getting her drive re-done - can't she just add a bit extra onto the other side? Either that or her son needs to improve his manouvering skills. The Supra isn't the easiest car to get through tight spaces, especially with a blacked-out back window, but I've managed to get out of all sorts of tight spaces when I've been blocked in in a car park. Quote Link to comment Share on other sites More sharing options...
SteveR Posted February 6, 2009 Share Posted February 6, 2009 Write to her ASAP and keep a copy of the letter: - Detail the fact that you were both going to agree a way forward with the boundary before the work started but her contractors have not kept to that agreement. - Request (but don't expect) that work stops immediately until this is sorted out as you've had frequent discussions about the boundary line and can't agree (and include the fact that she's already admitted the drive-paving people got it wrong already), so you believe any work done will have to be undone and all at her expense. - Suggest a meeting time/place to discuss the matter in the next few days, and bring as much factual information (not opinion - leave the "I thinks" at home and bring "this states" instead) - Include a plan of your & her house if possible sketch onto it where you have been told the boundary is, and try to get what you can from the land reg between now and the meeting so you can confirm (or a scan of your deeds or whatever you've got that states where the boundary is). There must be a way of resolving the issue if no official plans/wording can be found, so pester, pester, pester the land reg. If she ignores the letter, or carries on work anyway (I'd expect that to happen) start involving the authorities in writing and by phone, and send them a copy of your letter to the weirdo neighbour. Good luck! Quote Link to comment Share on other sites More sharing options...
Supragal Posted February 6, 2009 Author Share Posted February 6, 2009 Steve, yes that is a good idea. Thank you. Quote Link to comment Share on other sites More sharing options...
DJButler Posted February 6, 2009 Share Posted February 6, 2009 Sounds to me that she is looking to increase the value of her property at your expense, i'm willing to bet the house will be sold as soon as the market improves. In that case why be nice to her, is the guy with the pick up truck a builder type who has got his mates doing the driveway?. Maybe i'm a cinic but as someone on here said "that smells a funny colour" Quote Link to comment Share on other sites More sharing options...
Supragal Posted February 6, 2009 Author Share Posted February 6, 2009 I'm not sure that is the case, she moved in in December and the previous owners have done everything else to the house already, big extension, whole place remodelled and redone through out but they died (unexpectedly) before doing the driveway so there isn't much value left to get out of it. I do wonder about whether it's his mates doing the driveway though. Quote Link to comment Share on other sites More sharing options...
benkei Posted February 6, 2009 Share Posted February 6, 2009 "I'm really sorry I can't stop to discuss this now as I'm running late but the boundary line is wrong unfortunately" "No it's not. I've been on the phone to the land registry and they have told me exactly where it needs to be." "But you said they didn't have detailed plans and I checked too and they don't" "No they are the plans we both looked at but they had them up on their screen and they said to me that as long as I went straight up the middle it was right" "But that isn't straight up the middle" "Yes it is" "No, it's really not. I can't stop I'm late we will have to talk about this later but it isn't right" "I haven't even looked"*puts shoes on and comes out* "You are right that is wrong" "Good thank you I'm glad we agree, I'm not trying to be difficult but it has to be right" "Yes you are right it does need to be right I will tell them it needs to come over a bit, to about here" *indicates a place* "No it's to here" *I point to a spot* "You can't do that! How will I get on and off my driveway?" "It is a bit narrow but that is where the boundary is. I would suggest you put in a drop kurb" "The council won't let me!" "I'm suprised they said no, I asked about doing my side and they said it was fine and put it in writing, I just haven't done it yet" "Oh well I haven't asked them" "So I would put a drop kurb in and then you'll have masses of room, now the hedge is out you can see how much space you have, it's plenty" And it basically carried on like that with me saying "I have to go I'm late but this is wrong and needs sorting" and her saying "I can't do that how will she get on her driveway?" Just to recap SHE DOESN'T EVEN HAVE A CAR. I've made the concerning statements bold, and colour coded for easier identification of worrying statements!! Quote Link to comment Share on other sites More sharing options...
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