brucemillar
MB Enthusiast
- Joined
- Nov 18, 2010
- Messages
- 8,661
- Car
- C55 AMG Wagon - W124 300te 4matic Wagon - BMW 4.8is X5 E53 - SWB Pajero 3.5 V6 24v
Folks
Can anybody help from a legal standpoint. I just need to know my rights in this without a full blown dispute kicking off.
I have a boundary fence which encircles my property. This is a post & rail fence and was installed by my contractors when I purchased my property in 2000. Part of the legals at the time of purchase stated that I had to install post & rail fencing around my property and Land Registry plans were included showing clearly the boundary lines. Since 2000 there have been no issues, complaints or problems with neighbours. The fencing is correctly installed and follows the exact Land Registry plans. This was checked at the time of install by surveyors and solicitors. All Good !!!
This week we found four men on our land who gained access by climbing over our fence from the property next door. This without permission or discussion with me or my wife.
When asked what they were doing they explained they were fencing contractors employed by our neighbour and had come to erect a 5 foot tall panel fence along the length of our dividing boundary. They then left and proceeded to erect a 5 foot high panel fence on my neighbours side of the boundary. However this fence is nailed/screwed to our post & rail fence as its only means of support. i.e. It has not supporting posts of it's own.
To state the obvious. One good blast of wind and it will blow over taking my fence with it. It dwarfs the existing post & rail to which the neighbours have fixed planks of wood etc to allow nailing of their panels.
At no point were we consulted and no permission was sought or given.
Our neighbours, sold us our house back in 2000 as they owned both properties. I think they still feel that they do.
My solicitor was rather cool. Stating that it is not worth a row on my money for his fees. He suggested that we simply write a letter (Registered post) stating out neighbour must accept all liability (including financial) for any damage caused to our fence and property as a result of actions... I have done this.
Is that it?
Can people just do this without any permission. Could I now start nailing any old tat to his panels without his permission?
Can anybody help from a legal standpoint. I just need to know my rights in this without a full blown dispute kicking off.
I have a boundary fence which encircles my property. This is a post & rail fence and was installed by my contractors when I purchased my property in 2000. Part of the legals at the time of purchase stated that I had to install post & rail fencing around my property and Land Registry plans were included showing clearly the boundary lines. Since 2000 there have been no issues, complaints or problems with neighbours. The fencing is correctly installed and follows the exact Land Registry plans. This was checked at the time of install by surveyors and solicitors. All Good !!!
This week we found four men on our land who gained access by climbing over our fence from the property next door. This without permission or discussion with me or my wife.
When asked what they were doing they explained they were fencing contractors employed by our neighbour and had come to erect a 5 foot tall panel fence along the length of our dividing boundary. They then left and proceeded to erect a 5 foot high panel fence on my neighbours side of the boundary. However this fence is nailed/screwed to our post & rail fence as its only means of support. i.e. It has not supporting posts of it's own.
To state the obvious. One good blast of wind and it will blow over taking my fence with it. It dwarfs the existing post & rail to which the neighbours have fixed planks of wood etc to allow nailing of their panels.
At no point were we consulted and no permission was sought or given.
Our neighbours, sold us our house back in 2000 as they owned both properties. I think they still feel that they do.
My solicitor was rather cool. Stating that it is not worth a row on my money for his fees. He suggested that we simply write a letter (Registered post) stating out neighbour must accept all liability (including financial) for any damage caused to our fence and property as a result of actions... I have done this.
Is that it?
Can people just do this without any permission. Could I now start nailing any old tat to his panels without his permission?