General Chat

TC - I am confused, too! Is this the legal eagle thread? :-) Joy

here it is Heather

I didn't realise until now that you had moved here and I was wondering what was happening. Hope that you carry on as far as you can so hopefully it can be sorted once and for all. Good Luck, Pippa

nudge

Oh TC, Maybe hun at last he is coming to his senses and the only way out is to accept that your not going to back down, or he has realised that he is getting himself deeper (will be polite and not say what I really think!!) into something he really cant crawl out of... Fingers crossed for you. Debs x

Thanks very much guys - boy that was a cheap surveyor! News is, the 21 days we gave him to confirm he accepts boundaries is up. So today hubby rang a few landscape gardeners to come and measure up to repair the damage. We want fencing, then trellis (for the climbers that used the hedge as support before and now laying on the ground), then shrubs and plants to replace the hedge. Obviously this isnt the same as a mature hedge and doesnt replace my mums plants but .. Anyway, one of these gardeners turned up when the pigs relative was shovelling rubble over the join in their foundations!! Hubby didnt know he was there, took the guy out to the patio and showed him the gap in the hedge which was the back drop to our raised garden next to the patio. Old man looked up, this gardener said, Ok if I pop over (old man pretty dumb by any standards just grunted) Over jumps the gardener to measure for panels. We cant have the shrubs in the same place as before because pig hacked them down to ground level and there are just stumps and the old roots which we wouldnt be able to remove to replant the new ones. Anyway, gardener goes and so does pigs relative. We wait 2 hours for pig to turn up to demand what is going on. Pig does turn up but with a guy measuring for panels! Obviously he realises we are going ahead with the court action and wanted to pre-empt us by putting panels in. Stupid sod, as if that would make up for a mixed hedge full of wild life and all the plants that have gone. So we shall go ahead doing panels this side of his panels and then reinstate a hedge of sorts. If we plant ivy up the trellis it should soon look green again. BUT guys, we went out and saw he had tied a piece of string from the stump of one of the trees he hacked down and then to another of our trees at the front of the house in a line. This line (why did he not think of that before?) shows that in fact he actually was gaining a bit if he had left things as they were originally! So bad news, we still have to go through all the expense and rigamarole of court for loss and damages and reisntatement (which we may never get back) but by putting panels up where he has marked out, then he is accepting the boundary, isnt he!!

TC, Another thought for you .... a group of neighbours here are currently fighting a planning application - OK, realise your battle is different, but it might be a thought. We have engaged a sort of planning advisor - he is actually a chartered surveyor, but he represents parties involved in securing plans and sometimes those opposing, like us right now. He has prepared the most amazing report - actually a rebuttal of an appeal by the developers - and it contains stuff which might help you guys. The whole lot only cost us £500 - and it WAS a lot of time he spent with us and on us. Do you know any tame chartered surveyors you could talk to? Or maybe one of your (nice) neighbours does? (Maybe also, they'd share the costs - as we have?) Glad to hear you're still pushing things along with this - it's a ghastly situation for you. Regs Jane

Thinking of you TC, Jo

I wondered what was happening. Don't forget to take photos as you go along of everything you do incase of any 'alterations' made by others. If the kango is going on evenings, I would have thought there would be some by law he was infringing. Might be worth checking as environmental health do act on noise problems. Good luck and keep posting updates. Jacky :-)

Hi guys, Ive kept quiet as I thought it was becoming boring for you all. Well, not a lot to report - tomorrow the 21 days we gave him to give written agreement not to damage any of our property is up and obviously no such written agreement arrived,. I guess next step is to go to small claims court. Have got three different guys coming to give us a quote for panel fencing and replacement of our plants/shrubs. Trouble is we have to pay for them and them try to claim the money from pig. The law is an ass guys, dont ever imagine that although you are totally in the right that things will come through for you. I have to phone solicitor which Ive delayed as he charges £175 an hour. I thought Id get Cherie Blair for that much. Im going to ask him to send pig a letter saying, we have to regain our privacy (the gap in hedge is just outside our back door, next to the patio where we can no longer sit without seeing the pigs grinning face when he comes on site) and that it came to xxxx and that we hold him responsible for payment. If he doesnt pay then he will have to go to small claims in defence and I cant see what defence he could possibly give! But the laws an ass as I said. If he doesnt defend and doesnt pay then we would get judgment in default which would land him with a CCJ which would be some consolation. Very very tired. When he comes and kangos concrete our house vibrates with the noise. He only comes evenings and weekends so we have no relaxation when hubby comes in from work. And to add insult to injury, neighbour two doors down thought it was us making all the noise!!Put him straight on that one! Went to local planning office yesterday. Its only our little town one - one room, two people. Asked if I could see files for pigs plans at this place and at the place he is living. As told through a friend of a friend that he cant sell that place due to planning infringements. Id like to see if this is true as it could be useful if we have to go to crown court. Have to go back next Tuesday. Thanks for your support, and when I get through all this I am taking Briefs for anyone with similar probs! Love xx

Is your parish council involved.They often have a voice that you don't.Get them in and they can call in the big guns more easily.

Hi TC - how's it going? Have you got any further with pig? J

Angie, I have absolutely no advice to give you. BUT, you have all my sympathy. We have had nieghbours from HELL. AND HOW? I just hope your solicitor can sort it for you. It seems such a shame, that a peaceful nieghbourhood for so many years should be disrupted in this childish manner. Best wishes. DEANNA

Good for you T.C. - don't let him bully you. It is true what they say - sometimes you have to fight fire with fire. Keep at it and keep your chin up - you'll get there in the end. Kaye x

TC, Great stuff ... keep up the pressure! But do try to keep a perspective whilst you beat the pig into submission ... if you don't ensure you 'have a life' whilst you fight him, he will have won just a little bit! He has played outside of the rules, you can beat him using the rules. Wishing you continued good luck, Kind regards Jane

Hi guys many thanks. Its not indecision - its my husband fears an escalation. I have got off my backside!! I have gathered singed witness statements going back to 1947 when our house was the first built on farmland, from neighbours, from the gardener who tended next doors garden for 20 years, from bt wayleaves and english heritage aerial photography archives. I also have photos of the damage, of the removed boundary sakes and so on. We have threatened him with an injunction. We have now arranged for a chap who has maintained our hedges/trees over the last 13 years to come and price the work - though of course you cant replace plants my deceased mum and neighbour gave me. We have written to him giving him 21 days to agree in writing not to commit any more damage or we will immediately issue proceedings for damage, loss and reinstatement and costs. All he did was ring our solicitor mumbling about not disputing the trees (he has lost interest in removing them now that the Building Inspector made him do deep foundations anyway) but our bike shed protrudes into his passageway (I wish it did). Again this is because I overheard him saying he needs 3 extra inches to get a jcb by! He has removed the original (put up by neighbour) fence panels between the two house side walls and dug and raked over the post holes! Fortunately we also took photos of the panels before he did so. This shows our bike shed 4' our side of the panels. Our solicitor seems to think that if we take him to court it should be crown court because it is a boundary dispute but I cant see that, if we claim for damages etc we could surely do that in small claims. I already have the pack to do that as soon as the 21 days are up.

TC, Do not be afraid to contact your local planning office. Also do what somepne else suggested, talk to the Citizen's Advice Bureau. Also, involve your local Councillors. They are there to help you. Above all don't let this man get away with what he is doing. Rosemary(Essex)

TC I have been sitting back for weeks watching this saga. It really is time you changed your name to totally indecisive! Get off your backside and do something, it isn't acting like a pig to defend yourself against a bully. Let the worm turn. 1. Send him a bill for reinstatement of the damage he has caused. 2. Ring your planning department. Insist on speaking to the head of department and then insist that he visit you personally and look at the situation (You are paying his wages). Don't take no for an answer. 3. Talk to your solicitor again. Take out an injunction to stop the pig coming onto your property. 4. Get ready to take him to court if he doesn't pay the bill you sent him in 1 above (when you send him the bill - give him seven days to pay! If you hit a bully often enough he will turn and run. Get with it lady - give him hell!! Peter

dont let them win !1 Go to the Planning Office and ask to speak to the enforcement Officer - they are used to dealing with difficult people !! brenda

Well, went to bed last night determined to go but hubby awake at 4.30 a.m. saying he thought it could escalate the trouble and the thing is guys, he isnt frightened of this pig but frightened what he may do to him if it does escalate. Felt a bit choked that we havent gone but I do understand what hubby is saying. We could end up in deep poo if he reacts next time. I think I shall just keep all the photos in the file and use them at a later date if things come to a head. This is really making our lives a misery.