shared boundary wall

[Clear33]

Hi,

 

 

A number of years ago, permission was granted to my neighbour to move back the driveway post on our shared boundary wall by three or foot foot - because it was being crashed into when she was coming home in her car. This resulted in an unforeseen 'step' being created because our driveway heights are different (mine is lower).

 

 

My neighbour has fallen over it once - however since she created it -

 

 

More recently, I have nearly fallen over it several times due to a disability, and also worry about a member of the public falling over it since there is a footpath.

 

 

More recently, I have requested we get this put back in its original position. But that is another story. I was astonished however to hear that her builder was trying to say that the step was our doing and so whilst I am in dispute with neighbour because I want to put the driveway post back to its original position, where it should be - therefore eliminating the dangerous step - I wondered if there was a template to legally absolve me of any liability for it.

 

 

To maybe complicate matters, there is a slight chance that when my Mother was having the driveway done, years ago, the guy my mother employed may have edged off the step that they (edited for clarity: the next door neighbours) created - possibly for structural purposes, possibly for show - my Mother died so I can't ask her however it is clear that the reason the step exists is because they moved the end driveway post back.

 

 

 

 

Any help much appreciated...

[honeybee13]

Hello there.

 

I've merged your threads about the driveway. Best to keep to one thread on this. The legal guys should be along later.

 

HB

[Clear33]

ok great thanks hb.

[unclebulgaria67]

Can't believe this has become such a problem. I read the other day of Police being called to a house when neighbours argued about where a wheely bin was placed. You are heading in this direction ! There is no ideal legal way out of this. It is a case of two humans having a chat over a cup of tea and trying to find a solution that is acceptable to both.

 

I would really suggest that you reach out to to the neighbour and see if you can start a discussion.

 

If the boundary is presently a hazard, both neighbours have a legal responsibility to resolve it. This relates to it being a hazard to third parties such as a postman visiting the addresses. Have a look into householders legal responsibility to third parties. Perhaps using the third party argument is the only way forward if both neighbours are being stubborn !

[Clear33]

No.

 

 

I had already diffused the situation successfully. It is heading in a good direction. None of that sort of nonsense. However in order to keep it civil, a chat over cup of tea is no longer appropriate. Mainly because I no longer want to sit through polite rudeness, insult and being conned.

 

 

Whilst the situation is being resolved peacefully, in time, I require a legal template in order that I am not liable for any accidents that may happen from that 'step'. I had always assured myself that neighbour was clearly responsible and so liable however was shocked to hear a lack of taking responsibility.

 

 

Since it was neighbour has been holding up the process of me putting the gatepost in its original position, I feel it right to have in writing a template.

 

 

Sorry Uncle bulgaria67, this request for a template was really meant for a new thread as I did not want to escalate and carry on from this thread we are on now.

 

 

Best

Clear33

[honeybee13]

Whilst the situation is being resolved peacefully, in time, I require a legal template in order that I am not liable for any accidents that may happen from that 'step'. I had always assured myself that neighbour was clearly responsible and so liable however was shocked to hear a lack of taking responsibility.

 

I'm not sure we have a template like that, Clear33.

 

Maybe one of the legal guys will see your thread and be able to suggest something if they think this is the way to approach it.

 

HB

[Clear33]

thanks hb.

[unclebulgaria67]

There is no legal template and it would probably not be valid any way. It would not necesarilly remove any liability from you, as it would be up to a court to decide.

 

Is this step on your side of the driveway ?

 

By putting in writing your concern about the safety of the step, you could actually weaken your position. You would get into a debate about your responsibility to mitigate an issue you knew was a safety issue. Sending the letter might not be sufficient mitigation. If the step is on your side of the driveway, it will be seen as your responsibility.

 

Think about it a bit more, whether sending such a letter strengthens or weakens your position.

[Clear33]

Already wrote my concern of step some time ago as I am desperate to get driveway gates put in and require post going back into original position to do that and I have nearly fallen over it several times.

 

 

When in 'discussion' with neighbour, this is maybe why she and her builder friend lied about her falling over it then some years ago. Very shrude. I wrote again after speaking to another neighbour who bore witness to her saying she fell over it. I know her builder friend knew about it because he tried to pressure my mother to pour concrete all over the bottom of our drive to create some sort of ramp up to the step! when my mother died, he was straight there a few days later asking the same thing.

This is the most ridiculous, impractical suggestion - not to mention the further tripping hazard of the added ramp, to me and anyone walking down my drive!

 

 

I do not regret putting safety concern in writing because it is the truth and integral to working with neighbour to fixing the problem. She has not been interested at all that I have nearly fallen over it and as I say, rude.

 

 

I feel upset now that if a mop (member of public) injured themselves on it, I could be held responsible. (not to mention of course I don't want anything to happen to anyone).

 

 

The 'step' has been created on the shared bounday wall although I feel that the neighbour maybe trying to claim the shared boundary as her own now due to her replacing the shared boundary wall years ago for her own benefit, not ours as it was fine as it was, some years ago.

 

 

And by moving the gatepost back by 3-4 foot, on the shared boundary wall, has caused the 'step' to 'appear' because our driveways are different heights. My neighbours is higher and so from my driveway to hers there is a step up.

Edited August 14, 2015 by Clear33
phrase reversal corrected

[unclebulgaria67]

In my area, there is loads of free legal advice. I noticed in my local library a Solicitor was offering free advice and the local CAB has Solicitors who attend. See what free advice you can get locally.

 

If getting the wall back to where it was originally so you can have a gate is your main goal, then you need boundary expert legal advice about the best way to achieve this. It is not satisfactory that the neighbour believes they own the new boundary wall and are not interested in your issues.

[Clear33]

yes, will get some friendly advice. And take things wisely.

 

 

Best,

Clear33

[citizenB]

Well, her 'workman' as she calls him was initially and continually aggressive and rude to me this morning and things did not go well when trying to explain my needs.

I went out because I overheard the whole conversation they were having about the wall and me and was appalled. There was even undertones that there might have been no car! Utter cheek. Not only would I NEVER do anything like that ie: knock down the wall, IF I was that type, I certainly would not choose now to do it as I am in the midst of other crises.

 

 

Bottom Line :She just wants it left the same and is passive aggressive. I have put the situation in writing now in order to try and get some clarity to the situation, suggested the hope of together finding an independent workman who will take account of both our needs. I do not know if she will just go ahead and stick end post back on through her insurance or privately. The last repair job she got done was appalling also. It actually looks better how it currently is now.

 

 

I know I am entitled to simply put in the original gatepost back into its original place after informing her in writing - but I have been waiting these last year and a half in order to be patient and try and get proper agreement.

 

 

She said the solution is this: to let the repairs go ahead and have things as they were and wait around another year or more until she sells up and moves and 'then I can do what I want with it'.

 

 

She was expecting I agree to that and so I said: 'Ok. Will you be willing to put that in writing?' To which there was a resounding 'No'.

 

This wont work - the property will be sold with the boundary wall as it is and of course in her sales pitch on selling she would point out it was "her wall/her boundary" which you are saying it isn't.

 

How long ago did you give permission for this wall / movement of boundary line to go ahead ?

[Clear33]

The deeds have a H on them and she asked us permission to change the wall, and prior wall was maintained each of us on our own side. she doesn't seem to have a problem with me doing anything to my side i.e. painting it. although I haven't.

 

 

very, very roughly it was 20 yrs ago.

 

 

edit sorry I misunderstood question. there has been no boundary line change - the wall was replaced - and then a few yrs after the gatepost was moved back...

[Clear33]

Neighbour fell over step about five yrs ago - I more recently nearly have several times. It is still being crashed into and people are backing into my drive and running over my garden ornaments. (few weeks ago).