Neighbour has put fence posts in our garden without permission

Posted 26th Jul 2022 (Posted 23 h, 34 m ago)

The neighbor told me they were replacing the garden fence.
What they didn't say is that they planned on digging holes in our garden and putting up new posts. The old posts are in their garden.
When I went in the garden this morning I was shocked to see the new posts had been concreted into our garden.
And more shocked when I saw what a terrible job their contractor had done.
I told them not to hang the fence panels until I had taken advice.
They also screwed a fence post into our garage wall which overlooks our garden.

I have arranged for a builder to give us advice on how bad the damage is tomorrow.
I told them that I am unhappy and am getting a builder to look at it but their response is that they will install the panels on Friday.
I don't want to escalate this unless we have to, but if the builder gives us bad news I want to stop them installing the panels until we rectify the problems they have created.
So if it comes to that, should I report this to the police?
It seems like trespass and possibly criminal damage to me.

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40 Comments

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22 h, 19 m ago
Trespass is a civil matter but the attitude of the fence is going up on Friday regardless of what you say is where the line is drawn. See what your builder says then have him knock the posts out if CLEARLY on your land. Anything screwed into your garage wall needs to be unscrewed by your builder at the same time.

Been quite a few of these type of stories in the press recently.
Author
22 h, 15 m ago
Ignoring the trespass, could this be criminal damage?
I just want get a sense of what they have done from a legal standpoint. (edited)
14 h, 15 m ago
Did the contractors turn up on horse's or with caravans?
8 h, 50 m ago
Replying to
I suggest you get a dictionary and look up the word racism as you obviously have no clue what you are talking about
15 h, 13 m ago
You need to look on your actual deeds and see where the land lays. If they have placed posts on your land, as in increased their garden then you have a case to stand on.
If they have hired a bad builder then that’s a difficult one.
Either way you need to have a civil chat with the neighbour to holt any further work till you have all your facts in place.
14 h, 39 m ago
No point in looking at deeds, they're only a general guide on where they are and they won't be anywhere near accurate enough to measure down to ten inches. We had a question around our boundaries with the neighbour who has taken a one metre wildlife corridor to be part of their garden, the deeds are vague enough that we can't be entirely sure whether it was there or not.
9 h, 29 m ago
Can you upload a pic?
2 h, 30 m ago
Boundary Disputes: what you need to know (hughjames.com)
22 h, 20 m ago
Yeah we really need pictures
23 h, 8 m ago
If its in your garden cant you list the fence post on facebook free to collect?
19 h, 21 m ago
I have seen similar things like this before. It is not always the neighbour at fault. I seen jobs explained to contractors in regards to fencing and seen them do as they please and install the post past boundary lines as it's a easier option then removing objects in the way. In regards to the fixing of the post this again would have been down to the contractor deciding to fix it into your wall. You can't put all the blame onto the neighbour. The contractor should have spoken to yourself in regards to installing the fencing onto your boundary beforehand as it was they who is installing the fencing not the neighbour themselves. A lot of time customer will call out tradesman explaining the basics of the jobs and a poor tradesman will continue to do as they please without properly consulting the cistern or use of bullying tactics. Better to try and agree a reasonable term on fixing the matter in hand and asking them to speak with the current fencers to rectify the situation and damaged caused. And then if no solution can be obtained you may need to take the contractor to court as they the actual people that caused the damage and not the neighbour unless the neighbour actually asked them to purposely install the posts onto your land. Better to speak to them when you are calm and collective then irate.
17 h, 24 m ago
I disagree. The contractor may have done a shoddy job but the accountability lies with whoever owns the fence and engaged the contractor. If I engage someone, it is ultimately my responsibility to ensure they do the work properly and follow all the applicable rules, along with basic courtesies. In this case, the neighbour needs to sort this out.
14 h, 43 m ago
Does your home insurance policy include free legal advice?
22 h, 36 m ago
You need to post pictures to explain better as the posts are visible from both sides of the garden if it’s the slide in panels ?
Author
22 h, 18 m ago
The old posts were in their garden and the new ones are ten inches away putting them in our garden.
In one case the concrete base for the post is twenty inches wide.
It’s a real hack job and messed up the flower beds.
They have basically damaged the flower beds in multiple places.
The concrete on one is raised three or four inches above the level of the ground creating a mound.
This wasn’t done by professionals but seemingly by people who run another low skill business who have a side hussle.
21 h, 4 m ago
they shouldn’t go over the property line, if you find they have, then you will win any case in court
8 h, 46 m ago
Replying to
really? I thought all properties had a property line? maybe things have changed in the last 15 years
22 h, 37 m ago
If it was erected within the bounds of my property, I would take pictures as evidence, and dig and lever out the posts and deposit them in their garden.

You could go small claims court route (money claim online) to seek compensation.

You may of course end up having to erect your own fence on your own property, if they decided to not bother to replace it.

If it is just part of the concrete pad it may be less clear cut. (edited)
4 h, 35 m ago
Thinking about it, it might be a good idea to erect your own fence to prevent future encroachments, even if just chain link and concreted in posts.
13 h, 52 m ago
Hopefully your neighbour will see the workmanship is shoddy if you both get along hopefully it won't be long and stressful as winter is coming soon!

(edited)
12 h, 42 m ago
Everyone is a builder these days! No one gets training and a City & Guilds certificate.
OP, you should have examined closely when the builders were working. It is usually better to put a stop on things at the very beginning.
22 h, 51 m ago
Saw to the fence post
16 h, 27 m ago
The old fence should of been take n down first then replaced unless they have pets /children or something that can escape ?
14 h, 36 m ago
Lots of pics needed!
14 h, 14 m ago
Someone near where I live had a problem similar to this and the police were called when the builders where there.
After some talking to both parties the new fence was not erected and the neighbor changed their plans for new fence.
As said above though, if you have lots and lots of photos from different angles then get your builder to remove post thats screwed to your wall and also dig up post's.
11 h, 29 m ago
It might be worth remembering if you end up in court etc, you have to declare any disputes with neighbours if selling your house... best to try sort it out informally if possible.
11 h, 20 m ago
horrible situation to be in. sorry to hear about this OP and I can understand why you are distressed. I would be having rows at the moment with my neighbour if they did this.

it is not a criminal offence but a civil matter and unfortunately will fall into neighbour dispute, which is a nightmare. have you spoken to the neighbour and find out what their views are? have they only gone to their boundary and the old posts were actually too far into their garden, so they have just rectified it?
10 h, 23 m ago
Speak to them asap. Be polite but firm telling them you intend to have them removed as they are in your garden. If someone can discreetly film your conversation, so much the better. However, do check your deeds just to be sure where your property boundaries lie. They can change over time with previous owners and there may be an occasion when the boundary was shifted. Keeping friendly with neighbours is one of life's great challenges...especially when it comes to property boundaries. You can see how wars start!
9 h, 58 m ago
you need to see a solicitor and fast with the aim of the solicitor issuing a letter to your neighbour to put matters right within a certain period or face the consequences. If you still have a mortgage let your borrower know also about the encroachment.
6 h, 2 m ago
maybe the builder can explain any issues to them as it be better coming from there mouth than yours,and say what errors there paying for
3 h, 41 m ago
I would've thought that the fact that they have attached a fence post to your garage is proof enough - I didn't think the garage could go right up to the boundary so if they are on it they must have encroached on your property.
1 h, 9 m ago
You need to check all available info on boundaries from house deeds, existing boundary markers from when the property was built, local council, land registry, the original builders plans. Anything you can find as evidence.

Have you asked your neighbour why the fence was moved. Was it previously in the right or wrong place? Were the old posts concreted in and the builder couldn't be bothered to dig out the old posts, so just moved them?
3 m ago
There's a lot of advice going on here and I would take most of it with a pinch of salt (no offence to anyone). The ONLY thing I would be doing right now is seeking legal advice, based on what you have said and their intention to continue