# Resolving boundary conflict - neighbours' selling



## Marie (10 Jul 2005)

I live in a townhouse (Victorian terrace, long narrow gardens).  On one side lived The Neighbours From Hell.  They damaged my panel fencing which constitutes the long boundary between our gardens by hanging heavy flower-containers, planted 'rampant invasives' like mallow, buddleia and fuscia so close to the fence their shrubs overhung my garden and roots did further damage to fence.  They used the lane which runs the length of the terrace at the end of the garden to clean their cars, positioning them behind _my _property and deteriorating my  two-metre high wooden fence there (chemicals, power-hosing etc.) to the extent I had to have it removed and a wall built.  When I asked they re-position tubs and take out planting close to the boundary fence so I could have a wall built the response was they needed more notice and if my builder so much as "put a foot on their land" they would claim trespass - so I abandoned the struggle and the old fence remains.  I returned from holiday at one stage to find they had nailed 4x4 posts along the length of the garden on their side and fixed a double line of razor-wire, and a CCTV directed at _my_ garden.   They replaced their own rear fence at the time.  Instead of sinking uprights they used _my_ concrete post (and that of the neighbour to the other side of them) to support their new fence to save money.

I need to be clear it is _my_ fence.  The system locally is that each house is responsible for installing/maintaining the fence to the left-hand side viewed from the house. 

I consulted solicitors at the time (about 6 years ago) and was advised (a) their planting was illegal and as it damaged my garden it was technically damage to my property; (b) not much could be done to have them remove the CCTV camera as they were entitled to secure their property in whatever manner they wished, though this particular tactic might be considered rather bizarre and (c) the razor-wire was positioned in a manner which broke the law.  They _could_ position razor-wire along their boundary if it was over 2 metres above ground-level.  The solicitor warned that boundary disputes could absorb a great deal of time and money and advised on "any other possible route" to get around the issues.

I decided life was too short.  I would rise above it.  I spent about £500 on trellising and planted jasmines, clematis etc. which blocked the unsightly and disturbing razor-wire.

The neighbours moved to another property - not far away - three years ago and rented out the house next to me.  The garden has grown wild as the tenants don't use it and are not interested.  I didn't mind this at all as this encouraged a variety of birds and wildlife and made my garden - which I am passionate about - even more of a joy.  I willingly put in an extra 10 hours or so pruning back next-door's overhanging shrubs etc.

Now they have put the house on the market.  My question is this.  I have grown used to the fact of the (hidden) razor-wire and the CCTV and their solution to their rear fence BUT this evidence of "neighbour problems" would be apparent if/when I need to sell my house.  How or what action do I need to take to clear up these issues.  Should I approach the estate agent who is selling the property for them?  Do I need to go to solicitors for the letter to the present owners?  I dread a continuation of this saga with the next owner.

Any comments or advice would be very welcome!


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## Capaill (10 Jul 2005)

Marie

Check with the Data Protection Commissioner re the CCTV.  This in my opinion is an invasion of your privacy and your neighbours have/had no right to position the camera to that it is invading your privacy.  www.dataprivacy.ie

C


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## Marie (10 Jul 2005)

Capaill - that's what I thought!  However solicitor's view at the time was neighbours would maintain that surveillance of public laneway at rear of gardens 'entailed' spanning across my garden.  I've read the report you indicated and get the impression the CCTV footage is allowable _given their stated _objective as long as they supplied me with a copy but even at that, only if producing a copy did not entail undue effort!!!   I would prefer that my first conversation with the next owner be about something other than razor-wire.  My garden path originally ran straight from the door to the garden gate alongside the fence.  After they erected the wire, in order to avoid possible injury to myself and visitors - especially kids - I had the path broken out and removed, the garden gate shifted to the far side (furthest away from The Neighbours From Hell)  and a new diagonal path routed through my garden, away from the boundary.  It's been a long old haul but now the "For Sale" sign has brought it all to the fore again!


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## Capaill (11 Jul 2005)

Marie

I would still check out with the Data Protection commissioner re the CCTV.  I am no legal expert but I find it hard that your rights could be overridden by the rights of your neighbours.  From my knowledge of this area I know that setting up CCTV in this type of scenario has to be done carefully so as not to impinge of the privacy of others.  

As you said though, the best approach would be to talk to the new owner's first and agree to a more peaceful arrangement.

C


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## Marie (11 Jul 2005)

Capaill - Thank you!  I've been thinking since posting that if the new purchaser is anyway decent the first thing they would wish to do is take down the CCTV and strip out and dispose of the razor-wire 'fencing'!  There are some veeery strange people around - but happily not thee nor I!


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## Seagull (12 Jul 2005)

Try pointing out to the current owners that the razor wire will have a negative impact on their sale price. If I were looking to buy, I certainly wouldn't want to be looking at razor wire, and also wouldn't want the hassle of getting rid of it. As for the camera, try planting a large bushy evergreen shrub directly in front of it if you can.


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## ninsaga (12 Jul 2005)

It certainly raises an eyebrow...who in their right mind is going to buy a house where the back of it looks like a former RUC station? 

Putting that aside...since you have become somewhat accustomed to he arrangement, are you seriously considering moving anyway... in the short to medium term?

As prev recommended, you could approach the owners, & offer to remove the offending items at your expense (far from ideal i know...but it sounds as though that they are not going to do anything to help the matter anyway)....with a view that having these removed will help the property sell faster...that will satisfy both them and you.

If not then try to foster the relaionship with the new neighbour. 

ninsaga


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## Marie (12 Jul 2005)

Many thanks to all for those helpful contributions!  The present owners haven't made the slightest effort to tidy the place up or make it a bit less like H-Block.....but then the market has slowed to a crawl here and these houses have dropped appreciably in price.  They are in the enviable position of not needing to optimise the value of the property.  

One aspect of all this is that now the law here requires the vendor to declare any ongoing neighbour conflict in order to protect purchasers who might 'walk into' a situation with boundary or behaviour feuds.

I've decided to go ahead and consult a solicitor for advice on my options as I'm concerned these bizarre aspects of the property may put off potential owner-occupiers who would put some heart back into it and improve our mutual environment, and instead attract a speculator who buys to rent out.

Thanks again for your thoughtful responses.


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## Marie (12 Jul 2005)

*P.s.*

Seagull, there isn't anything to be done to avoid/minimise the CCTV as it is mounted to the side of a bedroom window at first-floor level!!!  After a couple of weeks of discomfort at being observed as I went about my humble business in my garden I completely forgot about it and am jolted whenever a visitor gets excited about it.  I don't do anything exceptional in my garden and felt that if these sad people had nothing better to do than review footage of me rambling round with a seccateurs or watering-can they were welcome!


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## ninsaga (13 Jul 2005)

> One aspect of all this is that now the law here requires the vendor to declare any ongoing neighbour conflict in order to protect purchasers who might 'walk into' a situation with boundary or behaviour feuds.


 ........ really!! I never knew that...is this new? What is the mechanism for formally advising the purchaser of situations such as this?

ninsaga


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## Allen (13 Jul 2005)

> the law here requires the vendor to declare any ongoing neighbour conflict in order to protect purchasers


 
Have you formally written about the problem to the neighbours and copied it to the estate agent? Then the new owners will be aware of the problems and should not have a difficultyin sorting the situation out.  If the new owners are not told about the problems then they will have a good case for compensation against the current owners and the estate agent.


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## Marie (13 Jul 2005)

Allan - That's an excellent idea.  I'll give it a try and post the outcome to this thread when there's anything to report.


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## 90210 (14 Jul 2005)

Quote "One aspect of all this is that now the law here requires the vendor to declare any ongoing neighbour conflict"


Marie 
Under what section or rule of law did you find the above ?


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## jhegarty (14 Jul 2005)

Marie said:
			
		

> I live in a townhouse (Victorian terrace, long narrow gardens). On one side lived The Neighbours From Hell. They damaged my panel fencing which constitutes the long boundary between our gardens by hanging heavy flower-containers, planted 'rampant invasives' like mallow, buddleia and fuscia so close to the fence their shrubs overhung my garden and roots did further damage to fence. They used the lane which runs the length of the terrace at the end of the garden to clean their cars, positioning them behind _my _property and deteriorating my two-metre high wooden fence there (chemicals, power-hosing etc.) to the extent I had to have it removed and a wall built. When I asked they re-position tubs and take out planting close to the boundary fence so I could have a wall built the response was they needed more notice and if my builder so much as "put a foot on their land" they would claim trespass - so I abandoned the struggle and the old fence remains. I returned from holiday at one stage to find they had nailed 4x4 posts along the length of the garden on their side and fixed a double line of razor-wire, and a CCTV directed at _my_ garden.   They replaced their own rear fence at the time.  Instead of sinking uprights they used _my_ concrete post (and that of the neighbour to the other side of them) to support their new fence to save money.
> 
> I need to be clear it is _my_ fence. The system locally is that each house is responsible for installing/maintaining the fence to the left-hand side viewed from the house.
> 
> ...



this may seem like a mad idea, but .....

Their house is like a RUC station , conflict with the neighbours...etc..etc... all dragging the price down.... Putting buyers off....

so he is the idea... buy the house yourself with the reduced price , because who wants a neighbour you need barbed wire against, (though a solicitor , as they don't seem to like you)..

take down all the problem items , do up the garden , no more problem neighbour (they are selling the house!! ) sell with profit , and problem next door gone too....


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## sluice44 (14 Jul 2005)

> Quote "One aspect of all this is that now the law here requires the vendor to declare any ongoing neighbour conflict"
> 
> 
> Marie
> Under what section or rule of law did you find the above ?



I think Marie lives in the UK


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## Marie (14 Jul 2005)

I hadn't thought of that!  _Buy their house_ do it up and sell on to someone I'd like to have as a neighbour!  A cunning ploy


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## quarterfloun (11 Oct 2005)

I have recently sold in the UK and one of the forms that you MUST fill in asks about neigbour relations. As this is the basis of the contract your Neighbours from Hell would be open to legal claims by the new owner.

Hypothetically speaking if you were to buy it knowing that there was a conflict with the neighbour (yourself) could you then sue them for damages based on the fact that they did not disclose the dispute

One thing though, get the other neighbours opion of events down on paper in the event of their moving or worse.


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## Marie (11 Oct 2005)

Hi!  The story so far is that the house next door sold within a day of going onto the market.  I prepared a formal statement of the boundary issue and CCTV and handed it in personally to the estate-agent a few days later.  Resounding silence.  After about 10 weeks the "sold" sign came down and the "for sale" sign went up again.   I have no idea why  .  Since my original post I signed on to a site called "Neighbours From Hell"  www.nfh.org.uk/forums and came away from a browse there feeling that my issues about the CCTV and razor-wire were "small fry" compared to the stuff some people have to take from those living around them...........scary stuff!


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