Urgent legal advice needed

Hi,

I hope someone can help, and please be honest...if you think I'm being daft...then please say so.

I've just had a very one sided difference of opinion with my plot neighbours, I'll explain.

In the diagram below, plot 1 is my current plot..I have had it since earlier this year, just recently I have also taken on plot 2, my neighbours to plot 2 had an arrangement with the now leaving tenant of plot 2 to come and build a rabbit proof fence between the plots, the blue line represents what they have built and where they have put it, its 3 foot from the original fence line at its widest to their benefit it also extends a good 30ft, and its attached to an old shed that I will be dismantling ove the winter. Naturally, I would want to straighten the fence up and put it back to where it should be but the neighbour effed and blinded and stormed away when I mentioned helping her to finish the fence off and to straighten it. I walked away at this point and a few minutes later her partner came round to put his point of view.



He told me it had all been agreed with the now leaving plotholder,
I then mentioned that I had spoken to the leaving plotholder and she had told me that what she saw, she did not agree too. She is from the sudan and has only a basic grasp of English.

Anyway, this chap would not let me get a word in so I walked away thinking I'll broach the subject another day when they have calmed a little as by now they had effed etc and would not give me chance to speak or if I did I could not complete a sentence. He stormed off shouting at the top of his voice..."It's war"...I really could not believe what I was hearing.

Anyway...to clear all this hassle I probably did the wrong thing and went and apologised (dont know what for, but I did) and smoothed things over best I could.

But now I need to know where or how I stand legally with regards to plot boundaries and agreements between plotholders and to the best of my knowledge not known by the parish council who we rent from.

I'm thinking that boundary movements should be agreed at council level first before fencelines are moved.

What do you think?..and please be honest.

Steve...

 

I assume this is a rented allotment and you're now paying for the use of Plot 2 as well as Plot 1?

If so then they're taking the treetreetreetree and if I was there I'd come with you and give him a little slap.

But that wouldn't get anyone anywhere so I'd think logically and just inform them politely that I was removing their fence from my plot and do just that. If you feel unsure about it speak to a council rep first explaining what you're intending to do, they may even offer to approach the neighbours on your behalf.

 

Thanks Melinda....made me giggle !

Clerk of the Parish council will meet me at the plot tomorrow to assess.

Steve...

 

you have a pretty large section of land, so unless you are growing veg for a living, I would leave things as they are

you have done the right thing by airing your grieviences, and have been a gentleman by apologising even if it was not your fault

so, let Karma take it's course .... it's not worth the stress and drama

you will most prob grow the biggest and best veg

 

That's the way to do it (speaking as an ex-Parish Councillor with involvement with allotments). You might want to check whether your tenancy agreement includes what's normally a standard clause preventing sub-letting (so whatever may have been agreed by the previous tenant is probably unlawful), draw the Clerk's attention to it and get the Parish Council to sort it out.

Having said that, is it essential to the reinstate the boundary? For example is it in the way of an intended poly tunnel extension, etc.? But it does resolving formally because if you acquiesce then you may be deemed to be sub-letting which may not seem like a big deal now, but if someone wants go get picky in the future could be grounds for termination of your tenancy for plot 2.

 

Hiya Steve.

My take on this, is that the previous plotholder had no right to agree to any boundary changes, so as far as I'm concerned, you have every right to ask that the boundary is restored. What a cheek! Good luck Steve.

Cheers...Freddy.

 

Personally, IF you were not doing any alterations I would have just let it lie

As you are removing the shed, then, the real thing to do is to re-align the boundary and fill the gap in the fence , BUT YOU carryout and pay for the work

Unless THEY have crops growing up to the current fence, then you will have to discuss it
The way it is at present, seems to be typical lazy DIY rather than thieving land
(Saves two fence posts and three foot of fence using what was there)

As you have always had plot 1, sureley you know these neighbours ?

Jack McH

 

Looking at the diagram (just say it is N,S, E, W) THEN O/P would need to put a rabbit fence down his W .N. S. side. which would have nothing to do with the neighbours

I see no problem in O/P removing his shed and re enstating the original boundry AT HIS COST DIY minimal as the fencing is there just needs moved three feet and maybe an additional three feet of rabbit fencing with two additonal posts

The neighbour could not object to that, Unless they have crops in the stolen ground, in which case wait until crops are harvested and do it

Having advised them of his intent This would be cheaper than court proceedings and hopefully less stressfull

Strange allotment where people work the land together for years and do not know each other enough to discuss things
Addmittedly many years ago like FIFTY when Dad and Uncles had an allotment,
Everyone knew each other, watered each others greenhouse when holidays came around / even weeded, shared a flask of tea or made a brew on the Primus Stove together

Ah that was the days you could leave an expensive spade out and it would still be there the following night

Seems it is time for a good dose of Paraquat over the fence :-)

Jack McH

 

"Tenants should not under any circumstances seek to extend the boundaries of their plots"

The above is from our tenants rules, I did not have a copy until today.

The reason my neighbours have moved the fence inwards so much is to avoid destroying the roots of the native hedge that they planted themselves (right tight up against the old fence), whilst digging in this new fence. I need to ask why they could not then have erected the rabbit fence on their side of their hedge.

Plot 1 (my current plot) is rabbit protected all round, dug down to a good overall depth, plot 2 (my new plot) is protected to the left by another plotholders fence and too the front by plot 1. If I move plot 1's rear fence all the way back then plot 2 will be protected on three sides, my neighbours could then use the materials from their new fence elsewhere on their plot as protection...I need to ask them this too.

The parish council clerk will be visiting in the morning but I hope I can just tell him..."It's all sorted out now" as I hope they will agree to one of the above, rather than being told by the council clerk which could then cause ongoing problems or as was shouted at me.."War"

Steve...