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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 30929
Experience:  Over 5 years in practice
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We have lived in our house years. 10 years ago ne

Customer Question

We have lived in our house for 20 years. 10 years ago ne neighbours moved in. The Old Vicarage, our house, was built in 1650. The new neighbours, attached, are having building work done. There are covenants that prohibit ANY ALTERATIONS WHATSOEVER to the front of either building. The neighbours acknowledge they broke the covenant when they painted half the front grey and have agreed to have the paint removed. However they applied for planning permission to change the front of the house and have started at 07.40. every morning 6 days a week with jackhammers working at the rear demolition for an extension and work to alter the front. The neighbours have been of to Dubai then Mauritius for a holiday over the last 3 weeks while this has been going on. The builders are polish and have limited English. We have had previous work by the neighbours on the other side our house for a 12 month period and NEVER had a single day to make a complaint. The other neighbours sought our approval for their more extensive work, no restrictive covenant, but simply as they were living elsewhere and wanted to be good neighbours. The people making the noise work in Dubai for the last 5 years so they can walk away from the noise then sell the house. They have admitted they have been looking to move for the last 3 years. The issue is 1. We have been woken at 7.40. 6 days a week 2. The neighbours, when we complained on the first day, there was no warning that builders would be there using pneumatic drills, "promised" just 3 days of noise. We agreed to 3 days. they now say 3 weeks. This work will continue as it is now 3 weeks and there is a huge amount of work to go. 3. Our drains go across their land, an easement is in place from around 1958, accepted by the neighbours, and they have dug up our drains 4. There is a restrictive covenant that bans any alterations to the front of either building, they have already started work there 5. When the house was split, initial planning permission to make 2 dwellings was refused. The Planning Inspector allowed this "but only if their garage was used as a garage" 6. They plan to convert the garage into a room 7.They have admitted they have "never used the garage as a garage in the last 10 years" We have a joint entrance, their land, which they want an electric gate fitted, NO DISCUSION 8. We have right of way across their courtyard to our courtyard which is private 9. They have consistently allowed people to park in our private courtyard 10. I come from a very rough council estate in Middlesbrough, ORIGINALY, and now live in one of the most expensive villages in the UK HURLEY in Berkshire 11. The neighbours will not negotiate 12. e-mail address***@******.***

Submitted: 1 year ago.
Category: Law
Expert:  Nicola-mod replied 1 year ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 1 year ago.

Please continue as the neighbours have returned, briefly, and made a complaint of harassment against us. The Police arrived, ruining our Sunday Roast so not happy with that.

Expert:  Nicola-mod replied 1 year ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Customer: replied 1 year ago.

The Police are involved, as our neighbours have made FALSE ALLEGATIONS of harassment. The Police are NOW investigating IF THE ALLEGATIONS THEMSELVES ARE HARASSMENT. We are meeting Thames Valley Police tomorrow morning. Just to make you aware I have a degree in Zoology and a postgraduate Diploma in Law, SO not naïve BUT LAW is so complex it teaches you that "actually" you know very little!

Expert:  Nicola-mod replied 1 year ago.
Hello,
We are continuing to look for a Professional to assist you.
Thank you for your patience,
Nicola
Customer: replied 1 year ago.

It as got worse as the neighbours have made false allegations. it I great for them livingly in the middle east, tax Free, we have to put up with their actions . They have admitted , verbally, and on e-mail, that the "KNOWINGLY BROKE A COVENANT" by painting the house gray. They have employed www.sodablast.co.uk Timmy XXXXX, NICE GUY! XXXXXXXX XXXX, to remove the paint BUT YET THEY WANT TO BREAK THE SAME COVENANT AGAIN. I think this is "care in the community", these people need to be sectioned for every ones sake!

Expert:  Nicola-mod replied 1 year ago.
Hello,
We are continuing to look for a Professional to assist you.
Thank you for your patience,
Nicola
Customer: replied 1 year ago.

The neighbours called the Police first, typical "Guilty until proved innocent" All I can say is that I can now see at 58 years old why vigilantes exist"! There is NO SERVICE from the Police. In future, why bother.

I have a postgraduate degree in Law. The best lesson was, "Law is so complex you have a degree and know so little". I was a fan of Lord denning, not a popular chap BUT he did do thinks that annoyed the establishment

I will wait, but the neighbours are VERY arrogant!

Expert:  Nicola-mod replied 1 year ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Customer: replied 1 year ago.

Complex and difficult situation. Today for the first time the work men waited until 08.00. to start BUT "SODABLAST" continued until 16.25. According to The Royal Borough of Windsor & Maidenhead, they have to stop at 16.00. and be off site. I spoke to the workers at 16.20. THEY SAY THEY HAVE PERMISSION TO WORK THROUGH TO 18.00. NO PAPERWORK JUST BULLSHIT! Sorry for the language.

Life just gets worse.

Expert:  Nicola-mod replied 1 year ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Nicola-mod replied 1 year ago.
Hello,
Please understand it is rare for us not to be able to find the right Professional to assist our customers. We can close this question and return your good faith deposit to the original funding source on request.
Please let me know how you wish to proceed and again I apologize for any inconvenience this may have caused.
I hope you will give JustAnswer a try again in the future,
Nicola
Customer: replied 1 year ago.

Please return the fund. I have a postgraduate degree in Law BUT dealing with the Police is like walking in treacle. IDIOTS. Not you them.

I was simply fulfilling my wife's wish, so return funds and I will use my old friends at CMS Cameron.

Thank you

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