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Posted 29th Jun 2023
Firstly, it's not about being petty, it's the principle of it.
Last year I put a new fence up in front of the fence we share with a neighbour. The holes for the post was dug in my garden and the fence erected. One evening I came home to see the neighbour had taken down the shared fence without consulting me. I wrote to the neighbour, The letter stated that I didn't want anything attaching to my fence as it was on my property and that if he called round or phoned me (I left my number) then we could talk more regarding the issue (he never called or came to see me) Anyway, he is having work done in his garden and has physically attached a fence to mine. This isn't a border dispute because the land theat the fence is on is mine, there's no disputing that. I went round but he wasn't there, his relative is renting it, so I told him to tell him to Contact me. So just waiting now, but in the meantime, I want to know where I stand.
Is there anyone here who has been in this situation or knows anything more than myself?
Thanks
Last year I put a new fence up in front of the fence we share with a neighbour. The holes for the post was dug in my garden and the fence erected. One evening I came home to see the neighbour had taken down the shared fence without consulting me. I wrote to the neighbour, The letter stated that I didn't want anything attaching to my fence as it was on my property and that if he called round or phoned me (I left my number) then we could talk more regarding the issue (he never called or came to see me) Anyway, he is having work done in his garden and has physically attached a fence to mine. This isn't a border dispute because the land theat the fence is on is mine, there's no disputing that. I went round but he wasn't there, his relative is renting it, so I told him to tell him to Contact me. So just waiting now, but in the meantime, I want to know where I stand.
Is there anyone here who has been in this situation or knows anything more than myself?
Thanks
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sorted byDid you consult the neighbour before erecting the fence in the first place? Theres every chance you could have come to some sort of arrangment with them to replace and split the cost if they where going to do work themselves anyway or planned around it with their fence replacements. I think after that point it would have seemed like consulting wasn't required if you didn't. (edited)
Or ask him to install his own fence and he is free to do what ever he like.
You really need to have a word with the house owner as these sorts of things can escalate quickly.
If after having a word you get nowhere and the new fence is clearly on your land, I’d personally send him/her a letter giving them x days to remove it else it will be removed by you and the costs to do so will be passed onto them
Who actually owns that side of the fence? We have neighbours on each side of us and we only own the right fence, the left belongs to the neighbour on that side.
If they have damaged the fence by attaching something to it, it could count as criminal damage. I know you aren’t allowed to pile dirt against someone else’s fence as it will damage it.
I would look at the party wall act.
If I take my fence down I will be also taking his fence down with it.
I do t get the whole, it's not worth it etc... I think this is where the law needs to tighten up. Why can people just technically damage my property and me be ok with it. Its not a dispute over boundaries as both my neighbour and myself know who owns the fence and property that the fence is on. So why would this be a civil matter? Surely it's a police matter as he is damaging my property.Thanks
As far as taking the old fence down, that depends on who it belonged to, and more importantly whose property it was on. (edited)
Hopefully he will be in contact but I'm not holding my breath as with the letter I sent asking not to attach anything to my fence has gone unanswered. (edited)
If you don’t have a good response from your neighbour, maybe contact them and see if they would help.
All the houses in the street have the same style fence where one of the properties has the posts and then both parties attach a fence panel either side. Sadly the previous owners took down their fence panels and when the new owners moved in they took it upon themselves to paint the back side of my fence panel. I did point out that it wasn't their fence panel. I guess I wouldn't have noticed only for the fact that it was brown and they decided to paint the rear of our fence panel green with some of the green dripping through. Add to the fact that they decided to screw in solar lights to the top of our fence and you see it's not about being petty.
Sadly as others have mentioned you need to involve solicitors at this point, that costs money and can impact the resell value of your property as you need to declare any disputes.
What really annoys me is the fact that we had no issues with the previous owners who frequently offered to assist with gardening and odd jobs (they where a retired couple and had plenty of time to kill!)
Ah if only Ramsey street was real!