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NFH Problem - Yet Another

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#1
vonnie

Posted 21 June 2006 - 06:50 AM

vonnie

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Having been quiet for a month my NFH has started again. They are insisting on opening a window they replaced last year - their cottage runs along side my drive and they put in a new window with a top and side opener. They changed the design from the previous one.

The side opener is 22 ins across and they have recently been opening it right out, I have shut it on three occassions to get my car passed - my drive is only 9ft wide. Last week they tole me I had no right in shutting it and yet they were told by teh council to seal it or fit a limiter- nothing has been done and teh council say they cannot enforce it but a solicitor can. I am now awaiting a letter form a solicitor.

My NFH then decided to block my drive last week - when i pipped he came out and asked what teh problem was - he was ranting and raging about me having to be patient and act my age.

He then went on to say when I cut my back hedge, I must ensure none of teh hedgecuttings go over as he will summons me. The fact is that the hedge is his anyway and is over 50 ft long - he has numerous trees that are overhanging my greenhous etc- I understand that when I cut these I am in my rights to throw them over as they are his property anyway.

He is also adamant that he has full access on my property - I have told him that he has no rights even though they came round a few weeks ago when I was out - this was picked up on CCTV- which they know I have got. How can I inform him that he has no rights if access on my property - I have spoke to him, the police have sopke to him and previously a solicitor has spoke to him - how else can I do it - how would I go about a case for trespass.

Can anyone help on the various points of access, hedge cuttings trespass etc - please help.

#2
StoneHenge

Posted 21 June 2006 - 07:12 AM

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Firstly, when you cut back the overhanging trimmings, make sure you OFFER them back to him in a bag, or he could class it as theft, but don't just throw them over or he could accuse you of fly tipping. Just offer them to him, and he is refuses, put them in your garden bin and be done with it.

He sounds very petty. The fact that he has blocked your driveway is petty, but his window if overhanging your property is tresspassing in a way, so he can't do it and hopefully the solicitor's letter will sort that one out. If you have a drop keb and he's blocking your exit, call the police and report it.

Are you keeping logs of everything? Keep it up if you are. Also, if you can record you asking him if he wants the hedge trimmings back, so much the better if he says no, and then you can say you offered with proof of that as well.

I notice my good pal Slegde is also posting, so I'm sure Slegde will also give you some great advice.

Stoney
Life is not about waiting for the storms to pass...it's about learning how to dance in the rain

#3
sp54

Posted 21 June 2006 - 07:19 AM

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Crikey! He sounds a charmer!

Re the hedge cuttings, unless the law has changed recently, then yes, if it is his hedge then the clippings are his property too and you can give them back to him, though personally I find it better not to as it tends to annoy them more, but if some clippings accidently land in his garden then he has no right of complaint as far as I am aware.

Hopefully a strongly worded solicitors letter will sort out the window problem, but blocking you in is just plain inconsiderate and nasty. Our NFH did it all the time and we called the police as he refused to move when asked. Not all police will help in this situation as it happened on private property but ours were great, especially when NFH started to argue with them and behave like a spoilt child :lol: ;)

Don't know about the access, you may need to get a solicitor to check that out.
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All that is necessary for the triumph of evil is that good men do nothing.

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No matter how badly people treat you, never drop down to their level, just know you're better, keep a dignified silence and walk away.

#4
Antique

Posted 21 June 2006 - 06:28 PM

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Hi,
with regard to access to your property you will find "Under the Access to neighbouring land Act 1992" your neighbour will have to apply to a court for access order to deal with trees or shrubs on someone elses property.



#5
vonnie

Posted 27 June 2006 - 06:00 AM

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Thanks for the advice.

Things have got worse and I am receiving abuse from them everytime I am outside. There language is disgusting and they have rang the police and reported my behaviour - I don't know what I have been doing - but the police are due to ring me to make an appointment to come out and discuss it.

The fact is I have CCTV and have at least a dozen events in teh past few weeks of them shouting - even last Friday at 1.15am he walked up the lane to me drive - this activates mt outsude light and then he was swearing about my F-in garden lights and f-in burglar alarm. It seems that they have always got to have something to shout about. I have two rock garden lights - 20 watt each and they are complaining now about these.

Whatever next - I just hope this time the police can resolve it - clearly it didn't last on there last visit.

#6
StoneHenge

Posted 27 June 2006 - 08:08 AM

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Hi Vonnie,

I'm so sorry your NFH are getting worse. Some people are just never happy unless they are upsetting someone else's lives.

I would welcome the police with open arms and invite them over. It will show willing on your part to get this mess sorted out, and then you can explain to them the problems you have been having, and offer them the CCTV evidence of the abuse you have been receiving from your neighbours.

As with most NFH, they will counter claim any allegations towards them, and then police have to be seen to act on behalf of both parties, so don't be upset if they come out with allegations against you. Take it on the chin, as they will see through their lies as they will have no proof to back any of it up at all, so don't worry about that.

Keep strong and come here when you need to. We all know what it's like to live with people like this, so you are in good company (unfortunately for all of us!).

You take care and keep us posted on the police visit.

Stoney
Life is not about waiting for the storms to pass...it's about learning how to dance in the rain

#7
Guest_Toots_*

Posted 27 June 2006 - 08:17 AM

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Hi Vonnie!

Your NFH sounds like he really is a petty person just out to cause you problems and harrassment.... grrrrrrrrrr why can't some people just respect others!

#8
Knightley

Posted 27 June 2006 - 09:59 AM

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Hiya Vonnie, Your NFh sounds like a right old misery guts,hes obviously not happy until he has something to complain about.

I feel for you about the verbal abuse, ive been on the receiving end of that its not nice is it ?
My skins not thick enough to handle stuff like that,but id look forward to seeing the police,let them see the nice level headed person you are,like stonehenge said offer your tapes,be completely accommodating.

As ive been told many a time, hang on in there.Your NFH might have to watch his blood pressure,all this looking for problems cant be good for him B)

#9
vonnie

Posted 04 July 2006 - 06:30 AM

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Thanks for the advice.

What an horrendous week. Last thirsday I was getting my car off my drive and the NFH opened their window across my drive. I got out and shut it, she opened it again so I shut it - she started ranting and raving and he did - she then shouted bxxxxxd and that she was going to hit me. I walked up the drive and something was thrown at me through the window. It was a piece of metal/plastic three foot long - I immediately put it through teh top window - she took it off me and shouted she was going to ring the police. He started about my CCTV and that he is taking me to court as it is invasion of his privacy -the fact is you cannot see any of his back garden just the front of teh cottage where it runs along the drive.

An hour later, I had a knock on the door and was asked to go with the police as they had alleagtions of me damaging a window, and my neighbour was having a court case. I broke down - I really was at my low and could not believe it, I explained what had gone on and that I had CCTV - he did eventually watch this and agreed that something was thrown though the window - he went to see them again and came back this time they stated that something had fallen off the window because I had closed it. He watched the evidence again and finally agreed that it was thrown through the window and that I wouldn/t have to go to teh station. He laft with teh evidence on tape to show a senior officer - they are adamant that I have pulled something off teh window but the fact is whatever it was she threw I knew was not off the window and my mum saw her throw it.

The other officer came Sunday afternoon, he watched the numerous events of harassment and a statement was completed. Again he confirmed they cannot do anything about teh CCTV-four police have now looked at the camera and agreed that it is a good system, he also confirmed they cannot do anything about the lights and realises the harassment and clearly they have a drink problem. He should have seen them yesterday - but since last Thursday I have only stopped there one night (sunday)- I really am at an all time low - the solicitor should be writing to them again to seal the window and hopefully things should improve. I just know when I am reversing on there drive that they will open the window and damage my car - I can see it coming as they are both stupid and the fact that she went running up the lane to tell my other neighbour - with whom they haven't spoke to for two years what had gone on - clearly it was all twisted and a pack of lies as I heard her. I expect that she has told teh whole lane by now - but considering they have fell out with six out of ten of the houses during teh past two years - will they believe her.

Sunday evening I had the TV and then music blaring away until 12.45am from there outside shed - I shut my bedroom windows at 11.30pm - even though it was warm just to try and get some sleep and then I could still hear it - they are clearly trying to provoke me surely you cannot play music until this time in the morning - it was just like being at a fairground.


#10
sp54

Posted 04 July 2006 - 07:06 AM

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:angry: Oh, vonnie, poor you, that's dreadful.

They are clearly trying to provoke you - which is a very typical NFH characteristic. They just love getting a reaction from their 'victims' - so please don't give them that satisfaction. Believe me - I know how hard it is to remain calm when you are being harrassed/intimidated.

I am so glad your cctv caught them out :rolleyes: and that the police were able to see what really happened.

Please take care

sp
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I would rather be hated for who I am than loved for who I am not

All that is necessary for the triumph of evil is that good men do nothing.

Edmund Burke

No matter how badly people treat you, never drop down to their level, just know you're better, keep a dignified silence and walk away.

#11
StoneHenge

Posted 04 July 2006 - 09:43 AM

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Hi Voinnie,

It sounds like you've had a dreadful time recently and I offer my sympathies. No wonder you are feeling down about it. They are clearly trying to provoke a reaction, but you are doing the right thing by giving them nothing.

Obviously they are trying to get you into trouble, so you should just ignore them completely, and not even speak to them. The police have the tapes so they will know the history. The other thing you can do is not discuss the situation with any of the other neighbours however tempting it might be to defend yourself, as they will see this as tit for tat and it might well get back to the NFh.

If your nice neighbours are indeed nice, they won't believe a word she says and you will only look good in their eyes for not gossiping and saying anything about your NFh. Your NFH want to see what gossip she can spread. Let her, it won't get very far and eventually it will like the boy who cried wolf and no-one will want to know her or them for that matter.

Let's hope she is soon made to seal her window. They sound like they need help with the drinking problem.

Don't forget we are here for you anytime you need to rant, cry or just someone to listen.
Life is not about waiting for the storms to pass...it's about learning how to dance in the rain

#12
sassieb

Posted 04 July 2006 - 10:13 AM

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what a pair of muppets those 2 are :badmood:

I cant add anything to whats already been said,, Im just sorry you have to go through this.
If we quit now...they win



Marriage is a relationship in which one person is always right, and the other is a husband


Growing old is mandatory,Growing up is optional but when you fall down you wonder what else you can do whilst your down there.

#13
tiomet

Posted 04 July 2006 - 10:17 AM

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I am so very sorry you are suffering and made to feel so desperately low with the harassment and nuisance from this neighbour.

I am glad the police took the time to examine your CCTV footage and you were able to prove that you are the victims and they took the evidence to show to their superiors. Hopefully this will bring some result.

It is not fair that you have to fight this battle and you do not deserve it. I hope you can be proud of yourselves for bearing up and doing the right things in the face of all the provocation because that way she cannot win and though it takes it out of you, it is what separates you as the good guys. I still believe that the good guys do stand a chance.

My sympathy and heartfelt best wishes to you that this may have a speedy conclusion and you can get to live in and enjoy your home as it should be.

#14
vonnie

Posted 11 July 2006 - 06:21 AM

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Police have been to see NFH and rang and offered mediation. I was confused and asked waht I could mediate over as I had no problems with NFH, they were the ones with the problems.

He stated they had a problem with my CCTV as they can't do what they want - clearly he should have told them it is on my property only and for my security. I am not removing it , it was profesionally installed - as recommended by teh police twelve months ago and it has been inspected by four police officers up to present to confirm it is ok.

They want full access on my property - whyich I am not giving and have suggested if he needs to do any repairs must apply for access under the neighbouring land act.

I have just asked for the harassment to stop - clearly it would appear that nobody really supports the innocent peoples these days - I was made to feel that I was in the wrong - and I am still awaiting my solicitor to send them a letter over the window issue and the fact that the NFH is telling all the neighbours he owns three foot of my drive - and is waiting for me to go on holiday to put a fence all the way down - the police say let him do it and then just knock it down - I don't want the hassle in teh first place.

Shall I sell ??--I keep thinking yes, but then I ask myself why should I let them win - perhaps they will sell.

#15
StoneHenge

Posted 11 July 2006 - 07:17 AM

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Hi Vonnie,

What a pickle! I know it sounds very hard, and you probably think it would be pointless, but mediation might give you a chance to hear what they think all the problems are and for you to tell them what it's like for you. It will also put you in a very good light if you agree to try it and then they refuse as they are claiming you are the problem and not them.

I find it very strange advice that the police told you to let him put the fence up so you could knock it down again. Surely the minute he starts any work, if it's your land, then he would be causing criminal damage and you can call the police.

You have as much right as anyone else to have CCTV installed. They can't make you take it down and as you have it trained on your land only, they have no reason to complain. Maybe they are not aware that you have already had this checked, or more likely want it taken down because it means they can't play their little games anymore.

They sound so petty. Of course, only you can make the decision on whether or not you sell your house. If you did, you would have to declare your neighbour problems on the Sellers Property Information Form, but a good solicitor could you help you word it well.

It's also up to you if you agree to mediation. You don't have to be in the same room as them if you feel very uncomfortable about it. They can do what is called shuttle mediation where the mediator sees you, then them, etc, but in different places on neutral ground.

I wish you luck in what you decide to do. It's very hard when they are causing so many problems, but more often than not, the ones who are having the problems are the ones who have to take the step to try and rectify things.

Take care, and please keep us posted.
Life is not about waiting for the storms to pass...it's about learning how to dance in the rain

#16
vonnie

Posted 12 July 2006 - 05:46 AM

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Thanks for the reply.

The NFH are aware that four police have seen the CCTV as they have got two officers out, they were even told by teh second one that they were wasting police time and any more calls would not be acted upon. Clearly they want it taken down to play games and do the damage, if any more police visit to view the CCTV I may well send a letter to the inspector as it should all be on record that it has been viewed four times .

#17
vonnie

Posted 24 July 2006 - 06:43 AM

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I think the police have actually calmed them this time - they have kept quiet for two weeks.

I am still struggling with the window situation - the window opens across my drive by 20 inches - the council - building dept stated it shouldn't and to shut it when it is open they suggested ut should be sealed but cannot enforce it. The solicitor stated it is an issue for planning dept at the council - they have been out and stated it is a legal matter.

I have phoned my solicitor and sent four letters asking him to look in to the matter - a month has now passed and he has done nothing - yet he has my deeds and my neighbours - i realise there would be a conflict of interest and he couldn't act for both , but surely he should have told me so anyway.

The window has been in less than twelve months - second hand - fitted by NFH - the previous window did not open across my property.

Can anyone give me any further advice - other than going to another solicitor and getting my deeds from the current one - I am lost - the council don't want to know - the police have said something needs to be done - but who will do it.

Please anybody with any suggestions ????

#18
rb2002

Posted 24 July 2006 - 07:41 AM

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From what you are saying, is your solicitor working for NFH too? or have I got the wrong end of the stick :unsure:

I think it may be worth while getting a new solicitor though. If this one is through your insurance, speak to the company and let them know that you are disatisfied with the current solicitor and they may recommend someone else.

If you feel that he does have a conflict of interests, you can make a complaint, I think its the Law Society that deals with these things. I'm sure someone will keep you right withj that though


Trust the Gene Genie to sort out NFH!

We must accept finite disappointment, but we must never lose infinite hope. Dr Martin Luther King Jr

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#19
vonnie

Posted 24 July 2006 - 08:02 AM

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Yes, you are right, the solicitor does hold the deeds for the NFH as well and although he hasn't said he will act for him etc- I suspect that he doesn't want to upset him as he has dealt with the family for years. Earlier in the year when I had a problem over the flue - he stated that if he couldn't resolve the problem we would both have to find another solicitor - he hasn't mentioned anything this time though regarding the window. A month has passed and following phone calls and three letters - he still hasn't done anything.

It isn't through my insurance as I have used one in the past and it was very drawn out - I just want this matter sorting and therefore decided to pay to get the problem resolved.

#20
jmdnnlln

Posted 24 July 2006 - 02:05 PM

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Hello Vonnie..

Yes, you are right, the solicitor does hold the deeds for the NFH as well and although he hasn't said he will act for him etc- I suspect that he doesn't want to upset him as he has dealt with the family for years[/b]


This IS clearly a conflict of interest and your solicitor has a duty to advise you seek help elsewhere,

I also wonder if this situation with the window could come under the Health and Safety act, as well as planning, I mean if you were to drive onto your own drive and your NFH opens the said window as you are about to pass it (deliberately of course) imagine the outcome

Maybe you should point this out to the planning dept of your local council, if it does happen they may find they are open to liable!!
Artificial intelligence..is no match for natural stupidity..

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