A HOMEOWNER says her neighbour is being “ridiculous” in a three-year row over a fence erected before she even moved in.
Nurse Kathryn Hewitt, 51, bought a newbuild from Persimmon Homes for just under £180,000 in December 2021.
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But quickly realised neighbour Angela had put up a 6ft high fence along a shared boundary line without her permission, which prevents her from opening her car door or wheeling her bin into the garden.
However, Angela says she’s never been approached directly by Kathryn about the front fence in Dinnington, Newcastle-upon-Tyne.
The bank worker, who’s in her 60s, told The Sun: “It’s ridiculous really.
“She didn’t move in until December 2021 and we put the fence up in April 2021 so it was there when she bought it.
“I can’t really comment on whether the fence will come down. It is a thing that has gone on for quite a while and it has caused a lot of bother.
“Mrs Hewitt has never spoken to us about the front fence. We found out about it when she went to seek legal advice.
“We don’t really know what is happening now because we haven’t heard from her solicitor.
“I have recently had cancer from November last year and I’ve had treatment and throughout that she has got the legal side involved.
“I don’t know if she knew about that as we never had the conversation.
“She has not spoken about this fence to me. I didn’t know until the legal issue got sent.”
Mum-of-two Kathryn said the boundary was supposed to be open-planned.
She also alleges Persimmon Homes erected a rear garden fence between the two properties in an incorrect position.
Referring to fence, she said: “This was clearly in breach of the contract signed prior to the purchase of my house.
“After endless communications with Persimmon Homes and solicitor’s letters to my neighbour, I am still no further forward with having the fence removed.
“On further inspection from Persimmon Homes, it has also come to light that the fence they erected was in the incorrect position.
“As a result of this, I have limited access to the back of my property – a legal requirement.”
She claims the developer has offered her £1000 in compensation and to cover the cost of having the Land Registry documents amended.
What are your rights in this situation?
BOUNDARY disputes are legally private issues and so have to be resolved between the parties involved.
In most cases, local councils are not involved unless there are special circumstances or a planning element to the dispute.
Early resolutions can often be agreed through offers of settlement or professional mediation.
However, if a settlement can’t be agreed by the parties, then disputes can be taken to court to be ruled on.
This is often an expensive and time-consuming process as the court has to determine the legal boundary lines between properties.
If you are involved in a boundary dispute which you cannot resolve, your best option is to consult a solicitor for advice on your particular case.
Kathryn says the whole dispute is costing her “an arm and a leg” and she doesn’t have the money to keep funding the legal fees.
She added: “This whole situation is incurring costs running into thousands of pounds.
“Apart from the cost implications, the stress of the whole situation is adversely affecting my mental health.”
A Persimmon North East spokesperson said “We’re sorry for the inconvenience caused to Ms Hewitt by the original installation of the small boundary fence.
“We had received permission from the owner of the neighbouring property to grant us access to move the fence onto the correct alignment.
“However, the two homeowners in question are unfortunately now in a legal dispute regarding additional fences that have been erected by the neighbouring property which has stopped us being able to gain access.
“We still hope that agreement can be found with both parties so that we can move the original fence.”
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