My fence vs neighbour's hedge

My fence vs neighbour's hedge

Author
Discussion

Terzo123

4,312 posts

208 months

Monday 2nd May 2016
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Philemon said:
Throw frozen sausages over the fence at night (only joking). ??
You're doing it wrong.

Mansells Tash

5,713 posts

206 months

Monday 2nd May 2016
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I was going to suggest a liberal coating of anti vandal paint to their side so when the dog boffs into it it gets a face full and drags it all into the house but that wouldn't be fair for the poor dog.

Philemon

1,624 posts

196 months

Monday 2nd May 2016
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Terzo123 said:
Philemon said:
Throw frozen sausages over the fence at night (only joking). ??
You're doing it wrong.
If he went over to hammer them in, he would have been bummed by the dog (Great Dane) !🌭

Welshbeef

49,633 posts

198 months

Monday 2nd May 2016
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What conditions is the dog being kept in? Thinking animal welfare issues here
Is the dog anti social


Personally if it's as bad as you say I'd be getting legal advice and formal solicitors letters sent and given the likely ongoing dispute I'd actually even though costly get a brick built wall and make it what 7 or even 8 foot if possible. You'll never have to worry about it again

Mr GrimNasty

8,172 posts

170 months

Monday 2nd May 2016
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Dear God OP, you sound like a right..........

Boundary surveyors, and finding simply replacing a fence such hard work?

You are about to be the architect of your own misfortune, be warned.

No property plan will define boundaries to the level of accuracy you seem to want.

You have bought a property with a clearly established boundary and that is what you've got.

The road to ruin awaits........

so called

9,090 posts

209 months

Monday 2nd May 2016
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I spent 8 years taking legal action against my Solicitor and my house builder because of a border dispute.
During that time, your description of your neighbours sounds remarkably like ours.
Obnoxious old folks on one side, her being a mental witch.

I stood my ground because I knew what mistakes where made and what boundary details were correct and in-correct.
I won but in reality no one wins. My legal fees were 32k and the old gits died.

If you are sure that the fence line should be 24ft, why not inform them. Say that you have discovered this detail and that the problem that has turned them into the horrible people that they are will now be rectified.

You may get a Christmas card.

WD39

20,083 posts

116 months

Monday 2nd May 2016
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desolate said:
popeyewhite said:
Chrisgr31 said:
Can you provide legislation or case law to prove its not true? The reality is that cutting off branches without offering them back is theft. However if the neighbour doesn't want them then it is not theft. Returning something they don't want to them then in theory becomes fly tipping.

So you have to offer them and if they don't accept you have to dispose of them.
Hi Chris, you don't seriously want evidence of case law over this do you? Doesn't your local council have a website? Trust me, if your neighbour's tree/hedge/whatever hangs over your property you can do what you want with it - but only up to the property boundary. I'm not sure where you're going with the theft thing but it sounds quite quaint. I'm all for manners, and it would nice if next door said 'I'm going to trim your tree that hangs over our garden, you don't mind do you?', but the reality is that they don't need to.
This article was written by a Barrister so one would ho quicklype it is correct. It clearly explains things pertaining to hedges and trees.
Chris is correct.



http://www.problemneighbours.co.uk/problems-with-n...
Scanning quickly through the site it would seem that foliage problems are of epidemic proportions. But I bet that it doesn't top the all time number one: Shared driveways!

TheLordJohn

5,746 posts

146 months

Monday 2nd May 2016
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Honestly, if you can afford to, just move somewhere with more land and so away from neighbours.
I had 12 months of living next to an absolute of a human being (husband works away for 3 months at a time, alcoholic, lived in the village all her life so it was hers, nosey etc) and I swear to God if we were in Texas she'd have been shot dead before now.
Our next house we buy will have at least 3 acres.

anonymous-user

54 months

Monday 2nd May 2016
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TheLordJohn said:
Honestly, if you can afford to, just move somewhere with more land and so away from neighbours.
I had 12 months of living next to an absolute of a human being (husband works away for 3 months at a time, alcoholic, lived in the village all her life so it was hers, nosey etc) and I swear to God if we were in Texas she'd have been shot dead before now.
Our next house we buy will have at least 3 acres.
Didn't make any difference to us - we live on a smallholding on the edge of a village and we found that one of the neighbours had moved afence and put a picnic table on a small bit of afield. Apparently it was so his kid could see the animals.

They were a bit surprised that we thought it was an issue and moved the fence back.


WE also have a regular busy body who is convinced he has a right of way through some woodland and so breaks any fence that is put along the boundary. I can't be arsed getting wound up by that anymore.

Welshbeef

49,633 posts

198 months

Monday 2nd May 2016
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His thread makes me feel very lucky, I enjoy chewing the fat over a beer or two while cutting the lawn with the neighbour. I honestly couldn't ask for nicer neighbours and not just the ones either side but pretty much the whole street. We've had street parties and a few times each year in different houses we have big Bbqs with open invites for the entire street.

Conversely I know my parents wasted £ taking a neighbour to court over a basement - the stress and time involved alone was vast. It makes you bitter when all you want to do is get home from work and enjoy family time in your house with the family. Instead we battled wasted £'s God knows how much must be 35 years ago now but I remember that Xmas when it was like wow austerity father Xmas (my parents decided to settle and not risk going to court and suck it up and lose the basement. )


rob0r

Original Poster:

420 posts

170 months

Tuesday 3rd May 2016
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Brick wall:
I'd agree if we were staying forever, we're not. Also I'd have to be even more certain where the boundary is set, I'm not.

Fence / Boundary:
My current belief is that as the fence has stood in it's current position for possibly up to 25 years, I'm within my right to replace it exactly where it currently stands since it's stood for over 12 years. If I do this, I want to make sure that the st neighbours cannot dispute this or try to drag this through the courts.

I've lived in the property since September 2014, the fence is obviously ancient though I have no proof of the age. One of the neighbours on the brick wall/right hand side used to live in my middle property and can confirm the fence was in place when he originally bought our property back in 2002. I'm seeing these neighbours tonight to talk about proving the fence boundary and whether they have any photographical evidence. I'm also hoping to glean information about disputes we were not made aware of when buying the property.

Great Dane/RSPCA:
This thought has crossed my mind but I'm not keen to pursue this for a few reasons. One being I'm not a fan of theirs as an organisation, the other being I believe they have already reported us to the RSPCA about our own dogs rolleyes We have a black lab and a pug, both are fully socialised and well behaved, and get multiple daily walks off lead, the total opposite to how the Great Dane is and how it is treated.

My OH works part time but there are times they are left on their own during working hours. Even when we were on speaking terms the st neighbour told us how the Pug squealed it's head off all day and that the lab barked constantly. Our other adjoined neighbours (as we're in the middle) also say there is NO issues with our dogs during the day since they work at home. I bought an indoor wifi IP camera and listened in on my phone whilst at work and didn't hear a peep, after a month or two I gave up, they just chill on the sofa all day! The camera is still live though.

There is an issue that my lab and their Great Dane will bark at each other either side of the fence. I have asked them multiple times if the dogs can meet and get used to each other - they have refused. They are both as bad as each other in the barking, but the latest accusation from their side is our lab is the dangerous dog and they cannot have people round or their grandchild in the back garden. This is frankly ludicrous and nothing other than blatant lies, but I believe to aggravate us further they have reported the black lab to the RSPCA, this is one of the things my OH overheard the other day.

My dogs are not without fault, barely any are, but my account above is wholly accurate. Any suggestion my lab is dangerous is laughable and can be backed up from a few professional sources. This is just a blood boiling piss take. I'm not concerned as if the RSPCA turned up I'd simply deny them access to my property, I've heard too many scare stories based on hear-say like my neighbours to take the risk of letting them onto my property.

Mr GrimNasty said:
Dear God OP, you sound like a right..........

Boundary surveyors, and finding simply replacing a fence such hard work?

You are about to be the architect of your own misfortune, be warned.

No property plan will define boundaries to the level of accuracy you seem to want.

You have bought a property with a clearly established boundary and that is what you've got.

The road to ruin awaits........
Thanks Pal. I'm literally clueless about the boundary/fence situation and no matter how much I research online I'm still no clearer as what to do with the boundary, why do you think I posted this on PH in the first place... To be clear, I'm happy with the boundary, I know the title plans cannot be relied on for accuracy.

All I want to do is to replace the fence without causing a legal dispute on the correct boundary. I haven't seen or anything concrete to know I can do this at the current fence placement. This is why I'm struggling and considering asking professional help.

TheLordJohn said:
Honestly, if you can afford to, just move somewhere with more land and so away from neighbours.
I had 12 months of living next to an absolute of a human being (husband works away for 3 months at a time, alcoholic, lived in the village all her life so it was hers, nosey etc) and I swear to God if we were in Texas she'd have been shot dead before now.
Our next house we buy will have at least 3 acres.
That's now the plan. We've had enough of being spied on, abused, harrassed and wondering what's coming next. They're moving onto making up allegations and they have all the time in the world to push their agenda and fight us. We're going to be doing the bare minimum to the property and aiming to put it on the market within two months. Due to our obvious neighbour problems I'm sure we're going to take a loss, which is why I'm doubly keen to pursue any non-disclosed disputes prior to us moving in.

Thanks all for the feedback, it really is appreciated smile

Welshbeef

49,633 posts

198 months

Tuesday 3rd May 2016
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What is the cost to move? £30k+ if you consider buying the pad you are in currently.

Not fixing the ruined fence will put people off buying it & as soon as it goes onto the market I wonder if they are vile enough to ensure when you have viewings they make it difficult / shouting abusive etc.


Richie Slow

7,499 posts

164 months

Tuesday 3rd May 2016
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We had similar when we moved in to our place three years ago. The neighbour is built like the big fella in Green Mile (I kid you not!) and is not of a cheerful disposition, to put it mildly.

I had spoken to him several times about the hedge that had taken over the boundary by becoming about six feet wide and we needed to remove it to restore the full width of our driveway down the side of the house. He had spouted various nonsense about the hedge being 'his' and the boundary being in the wrong place; he wanted the hedge to stay. We did check the deeds and the plan of the plot carefully just to be sure of our position.

Eventually the day came and so did the digger! Promptly followed by the neighbour parking his lumbering great hulk of a carcass in our driveway and insisting it was his right to do so. Once more we had to hear him say that the hedge was his, despite it being on our side of the 1965 'angle iron and wire' original fence. Then he shouted that the fence that was put up in 1965 was in the wrong place and he actually owned half of our driveway and front garden! After several minutes of absolute cobblers and threats of him calling the police I told him "call the police, call the council, call your MP for all I fking care; that digger is starting work here in thirty seconds whether you've moved your arse or not!"

I took measurements of the original fence and photos at every step, just in case. We now have a lovely fence and a clearly defined boundary/barrier between us and next door. He's even started to try and be nice to us now that he's realised that we won't be bullied. Not that we're going to entertain any contact with him anyway.

I suggest that in some situations, where there are unpleasant and obnoxious people who try to bully others, a firm line needs to be taken and a steely resolve needs to be shown. You might only need to do it once, when they realise you mean business they might give up trying to push you around. You've tried to be reasonable and it didn't work, now man-up and sort the fence out whether they like it or not.

WD39

20,083 posts

116 months

Tuesday 3rd May 2016
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Richie Slow said:
We had similar when we moved in to our place three years ago. The neighbour is built like the big fella in Green Mile (I kid you not!) and is not of a cheerful disposition, to put it mildly.

I had spoken to him several times about the hedge that had taken over the boundary by becoming about six feet wide and we needed to remove it to restore the full width of our driveway down the side of the house. He had spouted various nonsense about the hedge being 'his' and the boundary being in the wrong place; he wanted the hedge to stay. We did check the deeds and the plan of the plot carefully just to be sure of our position.

Eventually the day came and so did the digger! Promptly followed by the neighbour parking his lumbering great hulk of a carcass in our driveway and insisting it was his right to do so. Once more we had to hear him say that the hedge was his, despite it being on our side of the 1965 'angle iron and wire' original fence. Then he shouted that the fence that was put up in 1965 was in the wrong place and he actually owned half of our driveway and front garden! After several minutes of absolute cobblers and threats of him calling the police I told him "call the police, call the council, call your MP for all I fking care; that digger is starting work here in thirty seconds whether you've moved your arse or not!"

I took measurements of the original fence and photos at every step, just in case. We now have a lovely fence and a clearly defined boundary/barrier between us and next door. He's even started to try and be nice to us now that he's realised that we won't be bullied. Not that we're going to entertain any contact with him anyway.

I suggest that in some situations, where there are unpleasant and obnoxious people who try to bully others, a firm line needs to be taken and a steely resolve needs to be shown. You might only need to do it once, when they realise you mean business they might give up trying to push you around. You've tried to be reasonable and it didn't work, now man-up and sort the fence out whether they like it or not.
Well done sir! Your sign in name belies your actions.



rob0r

Original Poster:

420 posts

170 months

Tuesday 3rd May 2016
quotequote all
Richie Slow said:
I suggest that in some situations, where there are unpleasant and obnoxious people who try to bully others, a firm line needs to be taken and a steely resolve needs to be shown. You might only need to do it once, when they realise you mean business they might give up trying to push you around. You've tried to be reasonable and it didn't work, now man-up and sort the fence out whether they like it or not.
Although this thread suggests a lot of pussy footing on my behalf, I'd like to think I'm normally someone who gets things done! The reason I'm being so cautious is I don't want anymore value eroded from my home when it comes to sell. If I whack a fence up as is and then get dragged into a legal battle this would be very bad.

I tried to make use of the free 30 minutes RIC boundary advice phone call this lunchtime but was unable to get through.

spats

838 posts

155 months

Tuesday 3rd May 2016
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Sounds allot like our Neighbours to be honest. Even got the loud uncontrollable dog!

OP, do yourself a favour, get photos of the fence, get measurements of everything. Get it verified by someone external, a builder or whoever you get to replace the fence for example. Keep notes of anything the neighbours do or say. That way if they try and get the fence moved at some point, you have proof the fence was there for over a decade, and the measurements backed up by an external source.

Plus if they get silly and start getting abusive you can ring 111 and report it. I've had to keep a diary of abuse for about 3 years now, even though our nutters threatened me with blades and have admitted damaging my property. Eventually it got to court and we won, since then they have been quiet. Sadly they own the fence their side which is rotten and dangerous, I'm getting plants to hide it now, as I don't want to put a fence up that she will vandalise.

The only good thing is these nutters like to focus on one thing, this seems to the fence, just be happy its that and not something else!

Good luck getting it sorted.

mikeiow

5,368 posts

130 months

Tuesday 3rd May 2016
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Some good advice here: my only addition is to LITERALLY keep a notebook of actions & dates that things are said. The context, who was there, what was said.
If you can surreptitiously record any of those things (phone recorder could be good enough) and keep those backed up, all the better.
That way, should push come to shove, you can LITERALLY open it out and say "but I clearly noted here how you shouted at me blah blah blah".
I bet pounds to pennies they will NOT be doing the same, and it could be handy in your future.

megaphone

10,725 posts

251 months

Tuesday 3rd May 2016
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OP, if you're going to sell, then just put a fence up on the inside of the existing, save all the hassle. You're not staying there so it won't affect you.

Welshbeef

49,633 posts

198 months

Tuesday 3rd May 2016
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megaphone said:
OP, if you're going to sell, then just put a fence up on the inside of the existing, save all the hassle. You're not staying there so it won't affect you.
He's not wrong who cares if the other fence accelerates he rotting of the new one? Plus if you sell with a ruined fence I'd and no doubt many others would simply take that value off he asking price - OR it will put off some buyers worrying about a fence.

Gareth1974

3,418 posts

139 months

Tuesday 3rd May 2016
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Just put the new fence up, it's not like next door will cut it down with a chainsaw is it?!

http://www.mirror.co.uk/news/uk-news/angry-gardene...