Planned utilities.

[trigger_andy]

So Im having a discussion with my neighbour and some of you guys might be able to help.

 

My neighbour and I share a Driveway. I own part of it and he owns the rest. He was under the impression he owned all the Driveway but has accepted (after some legal advice) that he does not in fact own the section I have said all along is mine. Anyway, as he thought he owned my section of the Driveway, and the small strip of land on the other side of the drive closest to his property he planned on running utilities, ie Water and Electric from the Main Road up to the Barn Conversion he is doing along side the Driveway he now accepts is mine. He is still under the impression he is still running his utilities here but knows I have reservations. He only informed me he intended running his utilities over my land when he seen me digging a hole to install Gate posts. He said I cant install Gate posts there, there thats where he'll be running his utilities. 

 

The Brown section is my Drive (and strip of land) and the Blue Section is teh same drive, just his section of it. 

 

The strip of land he is planning on installing the Utilities (1 meter deep) is sandwiched between the Driveway and some tree's. These tree's are 2 meters away from the driveway. The Trees are a mix, including some Scots Pine and sycamore. The Scots Pine has to be 50-60 feet. As he thought the land was his he had no intention of informing me of this. But obviously now he has.

 

The Trees themselves are smack bang on the Boundary line. We've not even looked into ownership yet. 

 

My (long winded ) question is; Is there a danger in digging a 1 meter deep trench along a row of trees within 2 meters of them now or in the future? Would this cause the trees to be significantly weakened and have a real potential for them to blow over? Or die? If they fell they would easily fall on my house, and theirs depending on which way they went of course.  Basically he wants to sink his utilities roughly where that 8" Oak Post is now. 

 

In the plan below Ive drawn (badly) in Yellow where he plans on running the utilities. The Black dots are kinda where the trees are. 

[trigger_andy]

1 hour ago, waterbuoy said:

I'd be suggesting he runs it under his drive at this point.  If relationships have already deteriorated it will only get worse going ahead with his current plan.  Failing which charge him a huge wayleave rent each year!

I might do that. Will see how things pan out between us. Relationships have deteriorated but I dont want them to deteriorate further. He did mention the alternative is to run the utilities under his Driveway but he was clearly not enthused by that prospect. 

 

1 hour ago, waterbuoy said:

Failing which charge him a huge wayleave rent each year!

Interesting. What is considered huge?  

 

1 hour ago, waterbuoy said:

PS  Don't think he can force his way under your land with utilities as there is a (presumably) viable route under his own driveway, albeit more expensive.

OK good.  Yes, I'll maybe mention that to him.

 

1 hour ago, waterbuoy said:

Don't actually see why he needs to use your driveway at all.  Can you not close it off and thereby force him to access from the eastern part, or do the deeds allow him to use it? 

I know. He's clearly planned this when he thought he owned it all. He's been in there for 3 years but clearly never spent much time looking at the Deeds. He was adamant he was right and when he found his Deeds he had to back track. Could not bring himself to appologise though. Just changed what he claimed he said before. But it was all via text message as I was in Norway, did not like that being pointed out. 

[Stubby]

4 minutes ago, trigger_andy said:

I might do that. Will see how things pan out between us. Relationships have deteriorated but I dont want them to deteriorate further. He did mention the alternative is to run the utilities under his Driveway but he was clearly not enthused by that prospect. 

 

Interesting. What is considered huge?  

 

OK good.  Yes, I'll maybe mention that to him.

 

I know. He's clearly planned this when he thought he owned it all. He's been in there for 3 years but clearly never spent much time looking at the Deeds. He was adamant he was right and when he found his Deeds he had to back track. Could not bring himself to appologise though. Just changed what he claimed he said before. But it was all via text message as I was in Norway, did not like that being pointed out. 

Don't let him do anything to/on/with your property that you are not happy with . Why the fuck should you be " dented " in any way when there is an alternative .  Ask him if he would let you have his wife 2 nights a week ?

[trigger_andy]

43 minutes ago, monkeybusiness said:

Can you not offer him an olive branch and let him run it under your drive? Root damage would be minimal, you would get a resurfaced drive, you might become friends again? Next thing you know it’s keys-in-a-bowl time etc etc.

It is an option yes. I want to remain/return to being amicable. Ive given them Duck and Chicken eggs since they've moved in. Ive given them Oak for free for their barn Conversion. Ive offered him use of any and all tools I have. They are a bit funny though. When they thought the land was theirs our views and opinions counted for nothing. He was very clear on that. 

 

Ive only just put down 40t of Chuckies as well.  

[trigger_andy]

41 minutes ago, eggsarascal said:

Can't help with the tress but can't he tap into his own water supply even if it does mean putting in a break tank and booster set. Then thrust bore for the power supply, much less intrusive.

Cheers. I have no idea really? i guess its an option he might have to consider in the near future depending on how it all pans out.

[Stubby]

4 minutes ago, trigger_andy said:

 They are a bit funny though. When they thought the land was theirs our views and opinions counted for nothing. He was very clear on that. 

 

Ive only just put down 40t of Chuckies as well.  

I rest my case . Sounds like a bit of a 22 carat cunt to me . I am an easy going bloke and get on with everyone mostly but he seems to be someone who thinks he is something he is not . 

[trigger_andy]

1 hour ago, benedmonds said:

He could just run it across his land, still cutting all the roots, potentially leaving your trees unstable in years to come.  There is very little you can do about it and proving it was damage caused by his utilities going in many years later is likely to be impossible...  Try and come to an amicable solution is my advice.  You dont look to have many neighbours... 

Im not sure why he's not considered that. Maybe he has but it would ruin his garden? Easier ruining land he'll not have to see. 

 

Im not sure who owns the tree's. They are smack bang on whats the new boundary, which is 500mm from the old fence line. No idea why? So the trees run through the middle of this. 

 

Yes, I hope we can resolve it amicably. We got on well before. No, they are the only ones. But they seem hell bent on encroaching on my land. As mentioned earlier at the rear of the property is was as much as 3m across my way. They've agreed that they where wrong, but without saying as much. Cant admit they are/where wrong or apologize about it. Not that Ive asked them to, just very defensive about it all. Said my wife was spying on them for taking pictures of work they where doing to a drystone wall thats on my property. They thought it was theres, its not, They agree to that now. but cant see the issue. They sarcasticly said sorry for making the wall look better. When all along Ive simply asked to clarify the boundary with them, to walk the lines and get a surveyor in (that Id pay for) so we're both happy. Which they refused. 

 

 

 

[eggsarascal]

10 minutes ago, trigger_andy said:

Cheers. I have no idea really? i guess its an option he might have to consider in the near future depending on how it all pans out.

At any rate, if he needs water and power he's going to have to dig two trenches, water and power can't go in the same trench, well, not down here it can't.

[Stubby]

8 minutes ago, trigger_andy said:

Im not sure why he's not considered that. Maybe he has but it would ruin his garden? Easier ruining land he'll not have to see. 

 

Im not sure who owns the tree's. They are smack bang on whats the new boundary, which is 500mm from the old fence line. No idea why? So the trees run through the middle of this. 

 

Yes, I hope we can resolve it amicably. We got on well before. No, they are the only ones. But they seem hell bent on encroaching on my land. As mentioned earlier at the rear of the property is was as much as 3m across my way. They've agreed that they where wrong, but without saying as much. Cant admit they are/where wrong or apologize about it. Not that Ive asked them to, just very defensive about it all. Said my wife was spying on them for taking pictures of work they where doing to a drystone wall thats on my property. They thought it was theres, its not, They agree to that now. but cant see the issue. They sarcasticly said sorry for making the wall look better. When all along Ive simply asked to clarify the boundary with them, to walk the lines and get a surveyor in (that Id pay for) so we're both happy. Which they refused. 

 

 

 

Andy . You are being very tolerant and reasonable . Don't let the .... walk over you matey , please . 

Edited May 22, 2020 by Stubby

[gary112]

13 minutes ago, trigger_andy said:

Im not sure why he's not considered that. Maybe he has but it would ruin his garden? Easier ruining land he'll not have to see. 

 

Im not sure who owns the tree's. They are smack bang on whats the new boundary, which is 500mm from the old fence line. No idea why? So the trees run through the middle of this. 

 

Yes, I hope we can resolve it amicably. We got on well before. No, they are the only ones. But they seem hell bent on encroaching on my land. As mentioned earlier at the rear of the property is was as much as 3m across my way. They've agreed that they where wrong, but without saying as much. Cant admit they are/where wrong or apologize about it. Not that Ive asked them to, just very defensive about it all. Said my wife was spying on them for taking pictures of work they where doing to a drystone wall thats on my property. They thought it was theres, its not, They agree to that now. but cant see the issue. They sarcasticly said sorry for making the wall look better. When all along Ive simply asked to clarify the boundary with them, to walk the lines and get a surveyor in (that Id pay for) so we're both happy. Which they refused. 

 

 

 

He sounds like a cock to me Andy,tell him to get f&&ked and put it on his own land and see how he likes that

[eggsarascal]

Let's try the amicable way as far as possible, Andy has to live next to the bloke for however long, I realise some people are pricks but neighbourly disputes tend to grow. Throw him as many bones as you can afford before it gets really nasty. There usually is a work around if you can hold your patience, rum coming from me I know.