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All over Ipswich and probably all over the U.K. Crooked councils are cheating people out of their rights over vehicle access drives, pathways, and fence repair issues, some of these issues costing up to thirty thousand pounds. This crooked behaviour is saving these councils a lot of money to the detriment of house and land owners. I have lived in my present house for 16 years. In the previous house where I lived for ten years there was a similar issue over the rights to a vehicle access drive. I saw a solicitor regards this issue, he could not help, and I had to do all the leg work, all the running around to obtain legal paperwork to win the issue. Most solicitors are reluctant to fight councils. Most solicitors are in the councils pockets.
As stated, I have lived in my present house for sixteen years. I rent this house. About ten years ago there was an issue over a drive way that is traffic access to the ten semi detached houses, one of which that I live in on Bishops Hill in Ipswich Suffolk. The issue over this drive was ownership. IBC claimed that they did not own the drive because it needed repairing, but the underlying issue was that the drive is at the top of a steep embankment and just seems supported by a few large trees. If this drive falls away: then to pile and reinstate the drive could cost fifteen to thirty thousand pounds. The residents knew the drive belonged to IBC, and they eventually found evidence for this: and IBC confirmed ownership of the drive.
This brings us nicely to the current dispute, the garden fence on the East side of my house belongs to Ipswich Borough Council, so does the very small strip of absolutely useless land on the other side of this fence. My neighbour Pat has lived in her house for thirty years, this is fourteen years before I moved in. Pat is a fantastic neighbour and was very friendly with the previous owner, and witnessed part of the fence in question repaired by Ipswich Borough Council. The block of flats were built on the other side of this fence, the access drive to the flats, runs between the fence and the flats to a car park for the flats at the rear of my property.
It is a fair conclusion that I am not responsible for the three fences repair in my garden. My neighbour Pat is responsible for the repair of her West and South fence, we agree that this is the same for my property. I live in the end house, and the Eastern fence along my property should be the responsibility of the owners of the adjacent block of flats, this is Ipswich Borough Council. I had contacted IBC a few years earlier about the repair of this fence, a small part of this fence is in the front garden. this part of the fence is wire mesh, this was broken down and children were walking through my garden, please see the letter pasted below.
A.W.JOHNS,
34 BISHOPS HILL,
IPSWICH SUFFOLK,
IP3 8EN.
TEL O1473 423166
DATED 24 03 2003
REF C:\03\0320.TXT
To Mr. Damon Carter,
I.B.C. Homes,
Ipswich Borough,
Council,
Civic Drive,
Ipswich,
Ip1 2ee.
T 433344
Dear Damon, Thanks for contacting me by phone: and our
conversation by phone today.
I like to keep written records, hence this letter today.
Re: the fence adjacent to 34 Bishops Hill, the obstacle
between your land and mine. From the information that I
have: the fence is the property of Ipswich Borough
Council, and as such is your responsibility for repair.
I understand and appreciate that you are busy at the
moment, however, I am happy that you are going to inspect
the fence in about a weeks time to validate the ownership
of the fence.
I would appreciate a note as to validity to show my landlady
qualifying the fence ownership. I have not contacted my
landlady, I have a good relationship with her: and I do not
contact her unless it is absolutely necessary.
Thanks for your help to date,
I am,
YOURS SINCERELY
TONY JOHNS.
There was no response from Damon Carter, so I telephoned him, he stated that upon inspection of the fence the fence was my or my landlady's responsibility for repair, IBC did not own this fence. I had previously pointed out to Damon Carter that the fence posts were on IBC's side of the fence and under U.K. garden law: the law dictated, that the fence was the responsibility of IBC to maintain. I did not pursue this issue at this time, I had a nice word with the children that were walking through my garden, I knew they would ignore this request, so I then threatened to bash the *uck out of them if I saw them in my garden again. This stopped the children passing through my garden. I also made if difficult for children to get in my garden.
Click on the link below
to see garden law.
Time had now moved on to the summer of 2007, I had removed an old garage at the bottom of my garden, this garage almost completely overgrown backed on to the Eastern fence. Upon a full inspection of this Eastern fence about ninety feet of this eastern fence is wood, and most of the fence cross members had rotted away, it looked as though the whole fence needed replacing. Also, the trees on the small strip of land the other side of the fence had grown a lot more, and the roots were spreading up to my house. So,the fence, the whole fence needed replacing and some of the trees need removing, this is very costly, possibly, five thousand pounds. Part of this fence had now blown down in high winds, I telephoned IBC about this matter, I was advised to write to Sarah Quinton IBC Homes
A.W.JOHNS,
34 BISHOPS HILL, SENT RECORDED DELIVERY
IPSWICH SUFFOLK,
IP3 8EN. DL 1676 1369 1GB
31 05 07
01473 281769
My Ref. \07\0758.txt
SARAH QUINTON,
IBC HOMES,
GRAFTON HOUSE,
15 17 RUSSEL ROAD,
IPSWICH,
SUFFOLK.
IP1 2DE.
Dear Sarah,
Re: our telephone conversation yesterday at 11AM, Re: the fence
section at my house that is your property that has blown down and
your offer to repair it, a fast repair within 15 days, I thank
you for this offer: and I accept it.
I reiterate, the posts are on your property, legally dictating
the fence is your responsibility for repair. This fence is a
concern to me as I have had harassment from children in the
flats adjacent that has caused me to call the police to see a
family to get this harassment stopped: also there are people
in these flats that are violent, thieves, drugs dealers, and
have been in prison.
I am concerned for my well being, also damage and theft of
my property from these people, an effective fence obstacle
would allay my concerns. A speedy repair would certainly be
appreciated.
I thank you for your courtesy on the telephone.
I am,
Yours Sincerely,
Anthony W Johns.
A fence repair man came to repair the fence, when he inspected the, fence he gripped the cross members and they crumbled in his hand. He stated that the whole fence needs replacing and that he would get a supervisor to call and appraise the situation. I guessed that the supervisor would not call, so I effected a temporary repair, I bodged up the fence, please refer to the picture below that shows the poor state of the fence: and the bodged up part behind the wheelbarrow. This picture was taken in late October 2007.
The block of flats can be seen behind the fence. A roadway runs between the fence and the flats to a car park behind my house. There is a very small strip of useless land the fence side of the roadway. The previous owner of this house, a Mrs. Woodhouse, who bought the house in 1935 bequeathed the house to her niece, my landlady. Mrs Woodhouse bitterly apposed the building of this block of flats in the 1950's because her house was not overlooked before the flats were built, opposition of course was futile.
A.W.JOHNS,
34 BISHOPS HILL, SENT RECORDED DELIVERY
IPSWICH SUFFOLK,
IP3 8EN, DL 3384 2329 3GB
08 10 07
01473 281769
My Ref. \07\0789.txt
SARAH QUINTON,
IBC HOMES,
GRAFTON HOUSE,
15 17 RUSSEL ROAD,
IPSWICH,
SUFFOLK,
IP1 2DE,
Dear Sarah,
It is three months since an IBC agent, a fence repair man came to
my house to repair the fence. This agent said that he would get
a supervisor to come and assess this fence: that in your agents
view needs wholly replacing.
Can you please send a supervisor to see me to assess the work
as I feel sure that heavy winds could blow the fence down
blocking the access drive to your flats and also remove the
security obstacle that protects my property from thieves.
I am,
Yours Sincerely
Anthony W Johns.
Enc. 0758.txt
A.W.JOHNS,
34 BISHOPS HILL, SENT RECORDED DELIVERY
IPSWICH SUFFOLK,
IP3 8EN. DL 3384 2333 3GB
30 10 07
01473 281769
My Ref. \07\0794.txt
SARAH QUINTON,
IBC HOMES,
GRAFTON HOUSE,
15 17 RUSSEL ROAD,
IPSWICH,
SUFFOLK,
IP1 2DE.
Dear Sarah,
thank you for your letter dated 24Th October 2007 and your visit
to my property with an expert to access as to who is responsible
for the necessary fence replacement.
Upon careful scrutiny of your letter there is reference to my
rear fence. At no time in correspondence have I mentioned in
writing the repair of this rear fence. Facing south from the
rear of my property the fence to the right of the garden and
the fence at the bottom of the garden are my responsibility for
repair, and I have carried out repairs to both these fences
this year.
The fence to the east of my property that runs the full length
from front to back of the property is your fence. The UK legal
situation was stated in my letter 0758.txt, this letter was
received and acknowledged by your office.
I enclose a print out of a UK garden law sheet, the URL for this
is - www.gardenlaw.co.uk/boundaries.html A and B did not print
and I have hand written the text. 1 and 2 and 3 describe the
legal situation. Re; the fence on the east of my property, the
posts are on your council flats side, the face of this fence
faces towards my property: this is your fence.
You have at your disposal the means at the planning department
to easily check the plans of your property, the adjacent block of
flats boundary plan, or arrange for me to come to the council
offices to see these plans: to see if there is any relevant
detail, please advise.
If I have to get these plans and proof is obtained that the
fence is yours, I expect you to pay my costs in obtaining any
pertinent plans and legal paper work including the postage for
letters.
This is a simple matter, the east fence is your property, I can
handle the legal work to provide to the local county court
for a Judge to decide the situation, if the decision is that
the east fence is yours, and that you had the means to easily
check this: your council will have to pay all of the legal and
disbursement costs and suffer the adverse publicity
Background for county court proceedings.
A similar dispute arose a few years ago regards the repair of
the drive adjacent to 16 Bishops Hill. IBC stated it was not
their property. Evidence of ownership had to be obtained to get
IBC to repair this drive way.
My Neighbour Mrs. Pat XXXXXs XX Bishops Hill has lived in her
house for 30 years, she was friendly with the previous owner
and was told by the previous owner that IBC had repaired
part of this eastern fence, Pat is prepared to go to court to
state this.
P.S. The trees on your property have not been maintained and have
damaged the fence in question, and are damaging my property. This
problem needs to be addressed.
I hope that all this issue can be addressed by you quite quickly:
avoiding wasting my time, and without further discrediting
yourselves.
I am,
Yours Sincerely.
Anthony W Johns.
Enc. 1. 0758.txt
Enc.2. www.gardenlaw.co.uk/boundaries.html
I subsequently telephoned IBC to arrange an appointment to go to the council offices to see a plan and any information the council had on the fence issue, and any relevant plans that they could show me. IBC stated that the plans had to come from a repository in a town thirty miles away, this would take ten days to get the plans. I made an appointment for the 20Th December 2007 to see the plans, I went to IBC,s new offices to sight any relevant information on the 20Th December at 9AM when they opened for business, I was introduced to a young woman named Felicia, who left me with a folder to view.
In the folder was a plan that is copied below, and a letter that I had written to IBC a few years earlier that concerned some modification work at the adjacent flats where I apposed the possible further building of flats on the top of the current building. I was very sceptical of the use and the authority of the supplied plan, it was dated 13 FEB 2001. I could not see the relevance or use.
Amazingly, there was a thick felt tip line around the supposed perimeter of the flats that absolved IBC's responsibility completely for the thin triangular strip of land and the fence between my house number 34 Bishops Hill, marked 34 on the plan, and the block of flats: nice one. This false perimeter marking is just below the centre of the plan published below.
When I was at the planning office I asked who I could write to, to get the early plans of when the land, now Holliwells Park. This land was sold or bequeathed, probably under covenant to IBC with the buildings that were on the land before IBC demolished them: and built the block of flats. I was told to write to Claudine Airey the head solicitor at IBC, so I returned home and wrote a letter that day. My landlady's daughter is very ill with colon cancer, my landlady gave me permission to sort this out to stop any further pressure at this time being placed on her and her family. The letter to Claudine Airey is pasted below.
A.W.JOHNS,
34 BISHOPS HILL, DW 1407 0266 2GB
IPSWICH SUFFOLK,
IP3 8EN. RECORDED DELIVERY
20 12 07.
01473 281769.
My Ref. \07\07105.txt.
CLAUDINE AIREY,
LEGAL SERVICES,
IBC,
GRAFTON HOUSE,
15-17 RUSSELL ROAD,
IPSWICH,
SUFFOLK,
IP1 2DE.
Dear Claudine, I was referred to you by David Clowes, IBC
planning, to try to resolve a legal problem as to ownership
of a fence that needs to be replaced that separates the house
that I rent and your council block of flats.
I am writing to you to try and resolve this problem because
my landlady's daughter has colon cancer, and at this time for
obvious reasons I do not want to trouble my landlady to get the
title deeds to this house to try to resolve this problem.
Can you please in this instance, without cost to me, obtain
the title deeds to your flats to ascertain who is responsible,
who owns this fence? And the small strip of land on the flats
side and write to me letting be aware of these legal issues.
Plan Supplied. The thick red felt tip line has been placed on
this map presumably by your planning department. I feel this
thick red line is not representative of the legal situation
The green biro arrow points to the fence in dispute.
The western and southern fences at the rear of my rented house
have the fence posts in my garden, indicating that these fences
are my responsibility to maintain, my neighbour agrees this
The western and southern fences on her property (32) are her
fences. The fence in dispute has the fence posts on your
flats side.
I am hoping that you can help in this instance,
I thank you,
I am,
Yours Sincerely,
Anthony W Johns.
I contacted HM Land Registry Direct, and accessed their web site, I paid the search fees on line, and within a couple of days paper copies of the land search details were sent to me. This was to no avail, no details were registered with the Land Registry office. What was needed was the original paperwork of when the land was purchased in 1927 where my house and the other nine houses in the row were built on this land after the land purchase
My landlady had supplied such a document, there was a T mark on the document dictating that IBC were responsible for the repair of the fence, and that IBC owned the small useless triangular strip of land the other side of the fence. I wanted this confirmed by the solicitor that held this paperwork, and my landlady brought me a better copy direct from the solicitors office.
The plan is published below, this in fact appears to be part of a 1882 document, An Abstract Of Title, this is a chronological summary of all official records and recorded documents affecting the title to a parcel of real property. The drawing relating to the piece of land in 1927 that was sold presumably to a builder to build our houses is pasted to it. The T mark dictating the ownership and repair responsibility shows that the fence in question belongs to the Holliwells Park estate: and is the responsibility of IBC to replace or maintain the fence. The T mark can be clearly seen on the plan, this is near the bottom of the plan and is highlighted by an arrow marked 1888,
COPYRIGHT (C)
22 MARCH 2008
ALL RIGHTS RESERVED.
A.W.JOHNS,
34 BISHOPS HILL, RECORDED DELIVERY.
IPSWICH,
SUFFOLK, DW 1407 0290 6GB.
IP38EN.
DATED 22 03 2008.
REF 1. \08\0833.TXT
REF 2. \07105.TXT
REF 3. Your letter dated 08 01 08
CLAUDINE AIREY,
SENIOR SOLICITOR,
IPSWICH BOROUGH COUNCIL,
GRAFTON HOUSE,
15-17 RUSSELL ROAD,
IPSWICH,
IP1 2DE.
Dear Claudine,
thank you for your letter dated the 8TH of January 2008, the land
registry search was useless, however, I have now been provided
with a document by my landlady to bring to your attention that
appears to be an 1882 legal document for the conveyance of the
land on which my landlady's house stands as a whole before it
was divided again, a part sold to another purchaser.
Referring to this document: supplied by my landlady's solicitor
to her and then on to me, all the text hand drawn in green and
the drawn lines are by my hand to clarify the current situation
34 to 16 Bishops Hill: is clearly identified as a separate
parcel of land sold after 1882. The Holliwells Estate clearly
marked on this document, as left to your council possibly as a
gift or under covenant.
The red line and the fence T and all the other data on this
document: is on the original document copied and held by my
landlady's solicitor. The T mark clearly shows the fence on the
eastern side of the parcel of land now 34 -16 Bishops Hill was
in 1882 the responsibility of JOHN CHEVALLIER COBBOLD to maintain,
and this fence would be the responsibility of successive
purchasers of the land now 34 - 16 Bishops Hill: on which this
fence stands.
I hope that this clarifies the current legal situation, and you
can soon send workmen to replace the fence, and assess with me
which trees damaging the house need removing, and which trees
will stay to provide privacy cover to the rear of my landlady's
house, and immediate neighbour.
I personally feel that your office has deliberately reneged on
your responsibility in a scurrilous act of drawing in felt tip
on a copy plan supplied to me by Felicia in your planning
office on the 20TH day of December 2007 at 9-15AM. Also, I feel
that in the light of the previous letter 0833.txt that
explained that my landlady's daughter has colon cancer, now
spread to her liver, she is having chemotherapy for this.
My landlady is obviously very distressed, I feel that you could
have easily appointed a junior officer to easily resolve the
ownership issue of this fence, and saved my landlady a lot of
expense in travelling and further stress in this matter: to bring
it to an honest conclusion. My dealings with Ipswich Borough
Council, as usual, appears to have uncovered further corporate
skulduggery.
I am,
Yours Sincerely,
Anthony W Johns.
Enc's,
1. Copy. Large land map dated 1882. RE: A.W.Johns. 22-03-02
2. Copy. Small Recent Ordinance Survey map
3. Copy \08\0833.TXT. My Previous letter about this issue.
I had not had a reply from Claudine Airey by Saturday 12Th April 2008,
so I e-mailed Claudine Airey, claudine.airey@ipswich.gov.uk, on
Sunday 13Th April 2008 about this matter, I wanted a response, I want
the fence properly repaired or replaced, and some of the trees removed
near the fence. I had decided to publish the whole matter on the
internet if I had not received a reply before Saturday the 19Th of April
2008.
