Boundary/fence problems. legal advice sought.

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brucemillar

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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?
 
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?

No contact from your neighbours! Not good but nothing new, sadly.

Your solicitor is being very sensible with sound & prudent advice, I think anyway. I'd forget about interfering in anyway with the new panels.
 
Dogging, helicopters, fence panels...move back to the city, you know it makes sense.

He does sound like a cheeky sod!
 
I believe your solicitor to be a wise sage on this issue...

Indeed. They may have been instructed to do so but for all you know the fencing guys may have taken the easy route without informing their client.

But it does not matter. If the actions of you neighbour or his "agents" in this matter are the cause of any subsequent damage, down to him or her.
 
No need to pre-empt the matter.

Take some photos of the method of erection now. Perhaps a letter to your neighbour stating that you have not given permission for this erection and that you will hold them liable in the event of problems down the line.

If the fence blows down, and your neighbour does nothing about it, then consider the Small Claims Court.

On the bright side, your neighbour has not moved the fence a few feet to give him a bigger garden, so be grateful for small mercies … … …
 
I noticed that some fences are not built right on the boundary line, but a couple of inches inwards.

If this is the case with your fence, then the neighbour's fence may have in fact been erected on your own property?

Another issue is what happens if you decide to remove or re-do your own fence? Surely this means that the neighbour's fence will have to come down as well - who will rebuild it then?
 
Gents

As always, good advice & comments. Thank you.

Markjay your last post is along the lines that I am concerned about (with good reason) my neighbour is litigious and is not shy about stating how everybody else has it wrong.

FYI: My solicitor knows him personally and said he would have done his homework before erecting the fence. Unfortunately it would not cross his mind to ask if we were okay with his works.

Yes.. This is the guy who has his pals landing his helicopter a few yards from our house blowing over out garden furniture. That is seen by him as funny.
 
FYI: My solicitor knows him personally and said he would have done his homework before erecting the fence. Unfortunately it would not cross his mind to ask if we were okay with his works.

Maybe this solicitor is a bit too close to your neighbour...

We had a very similar situation at my grandads; the council decided they'd attach four bolts through his wall to tie their metal fencing to when he wasn't in. They made a mess of the holes they drilled, chipping the brickwork on his side.

One phone call later and some pen-pusher came out with his clipboard arguing the case (what case?) and they had to remove the bolts and completely rebuild his wall. They then did what they should have done in the first place; dig a hole and sink a post into the ground...

My advice; nip it in the bud.
 
Yes.. This is the guy who has his pals landing his helicopter a few yards from our house blowing over out garden furniture. That is seen by him as funny.

That alone has made me decide.......... I don't like your neighbour:D.

He sounds a real pain to have to live next door to.
 
Take some photos of the method of erection now. Perhaps a letter to your neighbour stating that you have not given permission for this erection and that you will hold them liable in the event of problems down the line.

Lol.

Sorry.
 
Doesn't even look like the new fence is of a particularly good quality.

What an ars*hole neighbour.
 
Try this.

Sent from my iPhone using MBClub UK

i would imagine your neighbours fence is going to get rotten pretty quickly as it is not treated (varnished) and probable fall over. Sounds like a real Pr**k at least he didnt try and move your fence.
 
lmao who the hell put that fence up ............. surely not fencing contractors, looks like a Sunday job straight out of B&Q's geez.......

Grind/cut all the screws attaching his fence to yours, hes not allowed to damage your property like that.
 
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Pair of pliers on them screws and undo/massively loosen them from your side...
 
Don`t worry about it.
Good fences make good neighbours...
 

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