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Neighbour attached their fence to mine.

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
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  1. NCIS's avatar
    NCIS
    Any dispute over boundries with neighbours that involve any legal representation, the only winner will be the solicitors.
    TinplateGeek's avatar
    TinplateGeek
    And any legal disputes with neighbours must be declared when you sell the house so avoid at all costs.
  2. M4tt31's avatar
    M4tt31
    "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."

    Did 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)
    dipsylalapo's avatar
    dipsylalapo
    Yeah it's what I was wondering. Surely it would have made more sense to put up a shared fence and split the cost but that's just me.
  3. 001Cisco's avatar
    001Cisco
    Show him the cost of the fence you pay last year, ask him to pay and buy it from you such that he can attach anything as it belong to him?

    Or ask him to install his own fence and he is free to do what ever he like.
  4. IAmATeaf's avatar
    IAmATeaf
    Who according to the deeds owns the fence that put a new fence in front of? Seems pretty strange to erect another fence in front of an existing fence?

    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
    eli78's avatar
    eli78 Author
    The fence was shared, I own the fence that was put up on my property. They have attached to my property. The thing is, if I pull down my fence and his in the process then I would be in trouble. The law around d this is not fit for purpose. I'm pretty sure if I went onto his land and started drilling and putting holes in his property then again, I'd be in trouble.
  5. Wolfout's avatar
    Wolfout
    It sounds like you have now lost part of your land, all be it a matter of less than foot, the boundary has now been moved. This could cause problems if/when you sell.

    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.
    eli78's avatar
    eli78 Author
    Thanks, I own the fence and the land that the fence is on. My decking base went to the existing shared fence. Thankfully they haven't damaged the decking base but the have attached the fence to the base and the top of my posts so their fence is somewhat at an angle.
    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
  6. melted's avatar
    melted
    I'm no lawyer, but as far as I know a neighbour has absolutely no right to attach anything to a fence on your property that belongs to you, or to paint it or to interfere with it in any way, and you would be well in your rights to detach his from yours, although would be wise to avoid damaging anything you remove and need to return it.

    As far as taking the old fence down, that depends on who it belonged to, and more importantly whose property it was on. (edited)
    eli78's avatar
    eli78 Author
    Thanks, the old fence was a shared fence which he just took down.
    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)
  7. mutley1's avatar
    mutley1
    does your property deed state who is responsible for the maintenance of that fence? did you discuss the replacement of the shared fence before installing your own?
    eli78's avatar
    eli78 Author
    It's a shared fence so we're both responsible for the upkeep of the fence and no, i didn't discuss the erecting of my fence. 
  8. Evilcell's avatar
    Evilcell
    Think your house insurance legal cover will cover you for this kinda dispute.
    If you don’t have a good response from your neighbour, maybe contact them and see if they would help.
    mutley1's avatar
    mutley1
    only if you have legal cover included. it isn't always automatically included and you have to pay additional premium to have legal cover to be included. a lot of policy will provide a legal helpline without additional premium, where you can get answers to some simple questions but not the complicated ones.
  9. bobdylan's avatar
    bobdylan
    Maybe he thought you were putting up a new 'shared fence' and that's why he took the old one down?
  10. aLV426's avatar
    aLV426
    I too am in the same situation - worse is that the neighbour is not very pleasant.
    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!
    mutley1's avatar
    mutley1
    The positive side of this of course is that they have painted the fence on their side, which means it will keep for longer! You can paint over the green paint that comes through.
  11. ashmac's avatar
    ashmac
    If it ain’t causing any damage what’s the problem if my neighbour attached to my fence I really wouldn’t give a care in the world it’s a £30 but of wood
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