Well, we have no idea what the family surveyor is advising the neighbour, so perhaps we shouldn't make assumptions...
It does sound as if she has lost the plot a bit, plus backed herself into a corner so that, even when others are telling her she is in the wrong, her pride and stubbornness won’t let her admit it as this would be losing face. Be very careful what you write to her, if you do at all - bear in mind that the moment you do, you have initiated a formal, documented dispute and she may well just dig her heels in more or use it against you.
I think there is a way out, but it will require patience, persistence, photographic evidence and at all times politeness - remember you are the good guy in all this so don’t let your frustration turn to bitterness and public recrimination. Resist the urge to get ‘your pound of flesh’ whatever that means. That will not help.
So, what can you do? Well, firstly, contact the solicitor that originally acted for you and send them the documentary/photographic evidence of what has happened so you have it on record for your own sake, but you are protected by client confidentiality, so nobody needs to know. Keep communications factual, not personal. They won’t charge you much for a follow-up telephone call to discuss your options.
Secondly, you can still carry out ‘prong 2’ by replacing your fence anyway, but not along the disputed stretch. This is no loss, you are responsible for maintaining your fence and were going to do it anyway. I don’t know the size of the extra fence length between you, but see if it is also possible, without trespassing on her land, to sink intermediate posts to mark the true line, working around her ugly monstrosity. So long as you are very careful not to go over the boundary or damage her property you remain within your legal rights to do this. Play on the safe side a few inches if necessary.
Now wait. Six months, a year, however long it takes. You have literally put your stakes in the ground, you have not accepted the wobbly, inaccurate line, but you have not indulged in any criminal action either. Time can resolve many things, reason may prevail in the end. This land was a generous gift, not a right, so if you wait a year or even five to install the final bit of fencing in it’s correct place, what is your loss?
Mountainous Northern Catalunya, Spain. Hot summers, cold winters.
If you can prove where the boundary is then you have every right to remove anything on that land, without consulting her (those items belong to her so don't dispose of them). It's easy to say this but just go ahead and put the fence up where the boundary actually lies (just make sure it's entirely on your land). Most likely she'll just get over it, but if she doesn't it'll be at her expense to prove you've done something wrong. Which you haven't (obviously really really make sure you haven't!).
Well, let’s hope they are not a member of the Royal Institution of Chartered Surveyors then. I’ve spent the last 20 years examining RICS candidates and in addition to technical material, ethical standards are a key part which you must pass. The RICS has 5 key ethics, amongst which are act with integrity, provide a high standard of service and treat others with respect. This includes not taking advantage or allowing bias/undue influence of others to override your professional judgement.
At no point have I ever thought it also included condoning others in their shady practices. Ho-hum, rotten apples and all that!
its my understanding that it is the Surveyors friend who put the wibbly wobbly fence up! But I can't prove anything about my suspicions of him giving her the advice so I have to let it ride.
Well, firstly, contact the solicitor that originally acted for you and send them the documentary/photographic evidence of what has happened so you have it on record for your own sake, but you are protected by client confidentiality, so nobody needs to know. Keep communications factual, not personal. They won’t charge you much for a follow-up telephone call to discuss your options.
Sadly, and here is another lesson for the rest of the world (the benefit of hindsight and all that) - my neighbour and I shared the same solicitor for the transaction although I insisted that the gentleman who gifted us the land (and for whose legal service we paid) had a separate solicitor. So unfortunately our solicitor cannot intervene as it would be a conflict of interest...….. I know, I am an idiot, but we were best buddies when this started off!
Could you go to the solicitor who worked for the gifter? They should be able to clarify who was given what. Or was it given jointly then divided between you?
Doncaster, South Yorkshire. Soil type: sandy, well-drained
Could you go to the solicitor who worked for the gifter? They should be able to clarify who was given what. Or was it given jointly then divided between you?
Hi Jenny
I do have it I writing who was gifted what, it was also recorded at the land registry but she has ignored that and put the fence on my land. It would appear I either have to challenge it legally or walk away.
can you train your dog to go through a hole in the fence and take a poo in her garden every morning? Pretty sure mine would have sorted this for me by now
That seems crazy. Surely you should be able to remove anything that a neighbour has put on your land as long as you give it back, the same as you can with overhanging branches. Otherwise anyone could move a fence over any time they felt like it. Maybe the flimsy fence could "blow over" next time it's windy
Maybe better, if you go ahead and get the rest of your fence done, pop round while they're working and offer to continue the nice new attractive fence along the agreed boundary at your cost while the work's going on. And maybe offer to take away the rubbish for her as a goodwill gesture. Perhaps take the approach that her fencers may have made a mistake which you are prepared to put right rather than accusing her of deliberately encroaching. If she absolutely must have a few inches extra, maybe she could be persuaded to at least straighten out the boundary.
Doncaster, South Yorkshire. Soil type: sandy, well-drained
it's on your land, remove it! simple. So far as I've read , nobody is even disputing that it's on your land. She can shrug her shoulders all she likes, but she's in the wrong.
Posts
It does sound as if she has lost the plot a bit, plus backed herself into a corner so that, even when others are telling her she is in the wrong, her pride and stubbornness won’t let her admit it as this would be losing face. Be very careful what you write to her, if you do at all - bear in mind that the moment you do, you have initiated a formal, documented dispute and she may well just dig her heels in more or use it against you.
I think there is a way out, but it will require patience, persistence, photographic evidence and at all times politeness - remember you are the good guy in all this so don’t let your frustration turn to bitterness and public recrimination. Resist the urge to get ‘your pound of flesh’ whatever that means. That will not help.
So, what can you do? Well, firstly, contact the solicitor that originally acted for you and send them the documentary/photographic evidence of what has happened so you have it on record for your own sake, but you are protected by client confidentiality, so nobody needs to know. Keep communications factual, not personal. They won’t charge you much for a follow-up telephone call to discuss your options.
Secondly, you can still carry out ‘prong 2’ by replacing your fence anyway, but not along the disputed stretch. This is no loss, you are responsible for maintaining your fence and were going to do it anyway. I don’t know the size of the extra fence length between you, but see if it is also possible, without trespassing on her land, to sink intermediate posts to mark the true line, working around her ugly monstrosity. So long as you are very careful not to go over the boundary or damage her property you remain within your legal rights to do this. Play on the safe side a few inches if necessary.
Now wait. Six months, a year, however long it takes. You have literally put your stakes in the ground, you have not accepted the wobbly, inaccurate line, but you have not indulged in any criminal action either. Time can resolve many things, reason may prevail in the end. This land was a generous gift, not a right, so if you wait a year or even five to install the final bit of fencing in it’s correct place, what is your loss?
It's easy to say this but just go ahead and put the fence up where the boundary actually lies (just make sure it's entirely on your land). Most likely she'll just get over it, but if she doesn't it'll be at her expense to prove you've done something wrong. Which you haven't (obviously really really make sure you haven't!).
Don't feel bad about this, it's her, not you.
I do have it I writing who was gifted what, it was also recorded at the land registry but she has ignored that and put the fence on my land. It would appear I either have to challenge it legally or walk away.
So far as I've read , nobody is even disputing that it's on your land. She can shrug her shoulders all she likes, but she's in the wrong.
Gardening in Central Norfolk on improved gritty moraine over chalk ... free-draining.