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Neighbour trouble

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kobe | 13:42 Sun 16th Jul 2006 | Home & Garden
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we have just aquired a property with 90ins ( yes only 90 ) of space running the length of the property between ours and next door ( 45 ins each ) we told the neighbours 8months ago we would like to put a fence or wall down the gap creating a boundary - the neighbours went ape sh.. they sent solicitors letters forbiding us to touch any of the side claiming they owned it all by way of squatters right ( they say they have had sole use of the space since they moved in 5 years ago ) they couldn't prove this so two months ago our neighbours called us to discuss a compromise - they decided we WERE entitled to the land but asked if we would share it and agreed to take their gates down to create two parking spaces ( IN 90INS !! ) but we said ok this was acceptable and since the concrete was in a bad way we agreed to pay half each to re surface - we booked the builders - then two weeks ago they we think its too much money - so the builders came on monday to start to dig our half - ( all this time I have been asking them to put this agreement in writing but they won't - on tuesday they came out and asked what we wered doing - and basically stopped us because they didn't agree with it they were upset at losing their parking for the duration of the work so during a row I asked them to take down the gates ( we have no access behind them - and they are attached to the side of my living room wall ) and allow us to start "sharing" the space until we could come to an agreement they said no (remember this was their suggestion and verball ageement ) I think they wanted us to make the whole space good !! Now I have got to go back to my solicitor to find out what my next move is - I just want to build my wall is there any advice out there for me what a pickle - and to add to it something has got to be do because the builders had a day of ripping up and have left a mess HELP - how much trouble will I get in if I just go ahead as I would have 8 months age
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Hi kobe, I dont think they have 'squatters rights' there was this q. about adverse possession that I'm posting up first.

http://www.theanswerbank.co.uk/Money_and_Finan ce/Question210699.html

Judging by what you've written about your neighbours, verbal agreement would mean nothing to them.

What did your land searches come up with?
I would respectfully suggest that if this problem is as complicated as it appears that you contact asap your Citizens' Advice Bureau and seek some professional guidance via them. As a Landscaper I have had many bitter experiences of "neighbours' boundary rights" with regards to walls and fencing, and suggest that you need a greater degree of help in resolving this than AB can provide (unless of course there is a nice Christian solicitor out there who could advise....!)
you can only claim squatters rights to unnoccupied property - as you live here it can hardly be classed as unoccupied - which is why they came round wanting a compromise. they have admitted its yours so just put your fence up - it is oyur land and they can't really do anything about it.

do you have access to the space from your house or garden? or will it give you extra access? or is it just a sealed off strip of pathway?

i would get copies of your house ground plans - it will show what belongs to who.

my dad has this outside his house and the walkway leads into the back yard and runs parallel to the fence. the other house has no access to the walkway and its clear whose it is - if they wanted access they would have to go through my dads front garden to get to it and at the other end climb over the fence into their back garden so its pointless to them. if this would be the case for you i suspect the land it theirs - do you have a similar thing on the other side of the property?

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Hi thanks for all the answers so quick - just to clarify it is a strip of land straight off the street to a dead end back - the deeds state that the land is ours unquestionable - the gates cut off the land at the half way point across the land stopping us having access to the ground floor bedrooms which as we have just do up the property had to have escape windows put in - if the people " escaped" they would find themselves in a locked yard - this is where they have their patio doors from a simiar downstairs room so esentially there is a small strip to the front ( half each by way of deeds ) which they park on - and a sealed strip to the back of the gates ( but still to the side of the property - if you can visualise this ) which they say they will not pull down because this will compromise their security - but remember it was their suggestion to create two parking spaces so that we could "share the space" they now have gone back on this to want to keep it all - I suggested they keep the gates - give me a key AND share the front space - but they still said no because they thought when we agreed to make the surface good they thought we would be doing and paying, for all the surface - once I explained it would only be our half they went mad - do they think I'm stupid ??
I may be able to point you in the right direction, but before trying I need to understand the situation exactly. Do you have a plan or sketch which you can post on here showing the position of the two houses, the road, the gates, the parking spaces and the theoretical boundary?
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Golden shred - thanks for your answer - how do I post a plan - ???? I have one on my PC that I can modify
Hello kobe. Please go to http://s106.photobucket.com/albums/m275/Golden Shred/ and press the Browse box. You will then see a list of your files, My Documents, My Pictures etc. Locate your Plan and right click, then right click Select and an address should appear in the box next to Browse. Now press Submit, scroll down and a thumbnail of the Plan will appear. From under the thumbnail select URL then right click and then right click Copy. Close photobucket, return to this thread on AB, open answer, right click then right click again on Paste. To check that the link is working, go to preview and it should turn blue, press it to check, and if OK press submit. Lot of words, but dead easy in fact. Just leave me the Plan here without comment, I will have a look (I'm used to Plan's) and then I will probably ask questions (make sure that your address is obscured on the Plan).
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Hi Goldenshred sorry I have not been on for a while - I tried the link you gave me after clicking browse all I got was a file full of photos and videos no list of my docs etc - I didn't like to hang around in there it all looked private - was this the right place - If so where will I locate the list ??

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