Boundary posts advice please ?
Boundary posts advice please ?
Author
Discussion

popinoz

Original Poster:

163 posts

256 months

Monday 21st March 2016
quotequote all
Long story short ,I hate my neighbour not spoken for 5 plus years but thought I'd be a man and knock at his door .Advised him I was getting the fencing replaced about nine panels in total .My hedge was overgrown badly and behind it my fence was looking crap that was on the inside of boundary posts on my side .Knocked on neighbour and did the decent thing and after talking to my fence guy he suggested removing the boundary post with the chain link wire fence stuff .My cost was £1200 and I was happy to pay but suggested to my neighbour if he chipped in for £20 a post so £120 my man would remove the boundary posts and remove the chain wire fence that was in good nick bit rusty and put new fence onto boundary post old position and give him the good side of the panels and he could paint them his desired colour .I thought I was being reasonable but he informed me the boundary post was mine and he wasn't going to pay a penny and leave it in situe as in his words I'd gain my garden back to boundary line and he wouldn't benefit .
Ok up yours I thought ! my fence man struggled like mad to put all new posts and fence panels inside the boundary posts as I didn't want him in neighbours garden and cause problems for him .You know what's coming he waits till a weekend ago when we went away for 4 days and removed the chain fence and chopped off the posts so theoretically gained around a foot of my garden the length of the whole side .I was fuming sent him a letter stating I want it put back within 14 days .
Hey ho this weekend his son drops a letter through the door stating he can remove the boundary posts if he wants and he has left the first in situe and the last in situe but removed the rest and basically statesI haven't a leg to stand on .and he doesn't need any permission to remove it .It does state in his words the boundary fence is MINE ! In the letter .He said that I verbally told him to do what ever he likes with it and that the chain wire fence was very rusty and dangerous which is a total lie .I have tried to include his letter to me .Now can I get a quote from a fence guy and simply take him to small claims court as reading on the net if no boundary post true ownership exists you have to get written permission from both neighbours before removal.Can I take him straight to small claims with this ?? My house was built in 1947 so land registry states only a document on land registry dated Jan 1947 shows the boundarys but not necessary ownership .I am going to send off to get a copy but if you see the boundary fencing the posts where facing my neighbours with chains ink fencing mounted at front of posts facing my neighbour so he had a flat run of chainlink fence where as I had the posts if you get my drift .Based on that alone I assumed it was mine .Im still fuming about his arrogance and if necessary I'm happy to throw money at it to get him in court if needed Any advice please and please don't post telling me to let it go as you have to know his history with us to understand he bully's other neighbours too .Thankyou for any advice up front guys and gals

TooMany2cvs

29,008 posts

156 months

Monday 21st March 2016
quotequote all
popinoz said:
Long story short ,I hate my neighbour not spoken for 5 plus years but thought I'd be a man and knock at his door .Advised him I was getting the fencing replaced about nine panels in total .My hedge was overgrown badly and behind it my fence was looking crap that was on the inside of boundary posts on my side .Knocked on neighbour and did the decent thing and after talking to my fence guy he suggested removing the boundary post with the chain link wire fence stuff .My cost was £1200 and I was happy to pay but suggested to my neighbour if he chipped in for £20 a post so £120 my man would remove the boundary posts and remove the chain wire fence that was in good nick bit rusty and put new fence onto boundary post old position and give him the good side of the panels and he could paint them his desired colour .I thought I was being reasonable but he informed me the boundary post was mine and he wasn't going to pay a penny and leave it in situe as in his words I'd gain my garden back to boundary line and he wouldn't benefit .
Ok up yours I thought ! my fence man struggled like mad to put all new posts and fence panels inside the boundary posts as I didn't want him in neighbours garden and cause problems for him .You know what's coming he waits till a weekend ago when we went away for 4 days and removed the chain fence and chopped off the posts so theoretically gained around a foot of my garden the length of the whole side .I was fuming sent him a letter stating I want it put back within 14 days .
Hey ho this weekend his son drops a letter through the door stating he can remove the boundary posts if he wants and he has left the first in situe and the last in situe but removed the rest and basically statesI haven't a leg to stand on .and he doesn't need any permission to remove it .It does state in his words the boundary fence is MINE ! In the letter .He said that I verbally told him to do what ever he likes with it and that the chain wire fence was very rusty and dangerous which is a total lie .I have tried to include his letter to me .Now can I get a quote from a fence guy and simply take him to small claims court as reading on the net if no boundary post true ownership exists you have to get written permission from both neighbours before removal.Can I take him straight to small claims with this ?? My house was built in 1947 so land registry states only a document on land registry dated Jan 1947 shows the boundarys but not necessary ownership .I am going to send off to get a copy but if you see the boundary fencing the posts where facing my neighbours with chains ink fencing mounted at front of posts facing my neighbour so he had a flat run of chainlink fence where as I had the posts if you get my drift .Based on that alone I assumed it was mine .Im still fuming about his arrogance and if necessary I'm happy to throw money at it to get him in court if needed Any advice please and please don't post telling me to let it go as you have to know his history with us to understand he bully's other neighbours too .Thankyou for any advice up front guys and gals
Quoted for posterity, because I can see a tantrum coming...

Still, I'm glad you foresaw this reply :- Get a life. Let it go.

The boundary is a notional line on the ground. No more than that. It hasn't moved one inch.
If you were happy with your shiny new fence being there a week ago, a few inches from that notional line, why does what may or may not be on the other side of it make the slightest bit of difference to you?

Innowaybored

896 posts

137 months

Monday 21st March 2016
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[quote]My hedge was overgrown badly and behind it my fence was looking crap that was on the inside of boundary posts on my side
[/quote]

Am I right in saying you couldn't see your fencing as it was behind your hedge? Sorry if I am mistaken.

surveyor

18,705 posts

214 months

Monday 21st March 2016
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I've read it three times and I don't have a clue what OP is on about.


TooMany2cvs

29,008 posts

156 months

Monday 21st March 2016
quotequote all
surveyor said:
I've read it three times and I don't have a clue what OP is on about.
OP and neighbour have long-standing feud, almost certainly fuelled by both sides being intransigent pig-headed pillocks.
OP wants new fence.
Neighbour refuses to contribute.
OP builds new fence next to old fence.
Neighbour removes remains of old fence.
OP's pram surrounded by toys.

Innowaybored said:
Am I right in saying you couldn't see your fencing as it was behind your hedge? Sorry if I am mistaken.
I'm assuming the OP removed the hedge, which is when he realised the fence was so knackered.

shambolic

2,146 posts

197 months

Monday 21st March 2016
quotequote all
To sum it up he left old fence where it was until you built new fence, then he removed old boundary fence gaining 12".
Does it matter you were going to be happy with where you put it and it's now dressed on your side.
Wait till you have to gain access to paint it!

surveyor

18,705 posts

214 months

Monday 21st March 2016
quotequote all
TooMany2cvs said:
surveyor said:
I've read it three times and I don't have a clue what OP is on about.
OP and neighbour have long-standing feud, almost certainly fuelled by both sides being intransigent pig-headed pillocks.
OP wants new fence.
Neighbour refuses to contribute.
OP builds new fence next to old fence.
Neighbour removes remains of old fence.
OP's pram surrounded by toys.

Innowaybored said:
Am I right in saying you couldn't see your fencing as it was behind your hedge? Sorry if I am mistaken.
I'm assuming the OP removed the hedge, which is when he realised the fence was so knackered.
It was the hedge that most confused me.

OP - pick up your toys and put them back in the pram. You've been owned slightly, but short of relocating your fence by 4 inches there is nothing to be done without entering huge and costly boundary dispute.

Innowaybored

896 posts

137 months

Monday 21st March 2016
quotequote all
TooMany2cvs said:
I'm assuming the OP removed the hedge, which is when he realised the fence was so knackered.
hahaha. Thanks for the succinct and likely factual response. Nice to know that not everyone on PH is a dick.

SVTRick

3,633 posts

225 months

Monday 21st March 2016
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Get some old doors, steel posts and some old site fencing, also fix in a few pallets and make a real nice looking fence, or put up some reclaimed corrugated iron, nice and strong on the other side where your boundary would be and let him look at that.
There is nothing he can do about it as long at its safe, paint this fence with the words "boundary and property of XXXX XXX postcode"
Not a fking thing he can do about it and you wont see it either.
If he damages or attempts to remove it would then liable for the damage.
Sounds like a right wker, get some Geese and Chickens ( for the eggs of course) the noise will piss him off too.
Have few BBQ's and plenty of mates over with a bit of luck the will sell up.
A Beehive or two down the bottom end of the garden with also wind him up.

popinoz

Original Poster:

163 posts

256 months

Monday 21st March 2016
quotequote all
Thankyou for the replys didn't realise so many qualified solicitors existed on here amazing !! Assumption ! Assumption ! isn't advice without any idea of this neighbours history.
I will wait to until someone who knows about boundary disputes comes along on here for a real chat and advice. Anyone else don't bother !!

surveyor

18,705 posts

214 months

Monday 21st March 2016
quotequote all
popinoz said:
Thankyou for the replys didn't realise so many qualified solicitors existed on here amazing !! Assumption ! Assumption ! isn't advice without any idea of this neighbours history.
I will wait to until someone who knows about boundary disputes comes along on here for a real chat and advice. Anyone else don't bother !!
I know about Boundaries. I don't like getting involved in boundary disputes because they are ruinous to everyone.

If you want help you need to make your post make some sense.

Also how wide is the strip we are talking about exactly?

drdel

498 posts

158 months

Monday 21st March 2016
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You could offer the sell him the strip of land on which he has tresspassed.

popinoz

Original Poster:

163 posts

256 months

Monday 21st March 2016
quotequote all
SVTrick now someone with positive feedback Thankyou .

I have just turned around to my wife and said I will paint the fence panels all different colours one red one white one blue maybe then remove the last just lift it out and bang goes his dog sitting business !I don't throw my toys out of the pram !I've succesfully sued quite a few large company's without fail .I'm not the rollover type that has his trousers pulled down like maybe a few on here why the f### should I Period !



surveyor

18,705 posts

214 months

Monday 21st March 2016
quotequote all
and I'm out.

Good luck with all of that. I'm sure it will end well.

Chrisgr31

14,289 posts

285 months

Monday 21st March 2016
quotequote all
The problem is it is not worth getting into a dispute about it. However do take photographs of the location of your current fence and remains of the boundary posts with a tape measure that demonstrates the distance between the two. Also take a photo with the same details showing the distance between your fence ad a fixed point say the house.

The alternative is to move your existing fence or put new boundary posts in, which could just be hammered in.

I was also going to suggest painting your neighbours side of the fence some bright colour, if its a panel fence ypu can just take the panels out to paint them and then put them back in.

Pferdestarke

7,192 posts

217 months

Monday 21st March 2016
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I like the bit about boundaries being notional lines in the ground. I'll use that perspective from now on. Just as long as it benefits me and I don't lose land.

anonymous-user

84 months

Monday 21st March 2016
quotequote all
popinoz said:
Thankyou for the replys didn't realise so many qualified solicitors existed on here amazing !! Assumption ! Assumption ! isn't advice without any idea of this neighbours history.
I will wait to until someone who knows about boundary disputes comes along on here for a real chat and advice. Anyone else don't bother !!
You don't sit on the fence do you!

cmaguire

3,589 posts

139 months

Monday 21st March 2016
quotequote all
I read it as the neighbour had trashed the new fence the OP's 'fenceman' had erected.
The OP perhaps needs to clarify things.

Mandat

4,643 posts

268 months

Monday 21st March 2016
quotequote all
As other have already said;

The boundary line between the two properties is still where it was originally, and hasn't changed.

If you wanted the new fence on the boundary line, you should have put it there.

I'm not sure what you might achieve in going to small claims, and what you might claim for in any case.

If you want to spend money on this, you might be better served by registering a Deed with the Land Registry saying that the boundary line is x distance from the line of the current fence. This is then recorded on the property deeds and will be useful for when the inevitable boundary dispute arises when you try to claim your lost slither of land back in the future.

Edited by Mandat on Monday 21st March 20:06

paintman

7,860 posts

220 months

Monday 21st March 2016
quotequote all
popinoz said:
Thankyou for the replys didn't realise so many qualified solicitors existed on here amazing !! Assumption ! Assumption ! isn't advice without any idea of this neighbours history.
I will wait to until someone who knows about boundary disputes comes along on here for a real chat and advice. Anyone else don't bother !!
You'll likely have a long wait.
If you want the opinion of the world & his wife which may or may not have any basis in reality ask the question on an internet forum. Expect to take a certain amount of flak & pisstaking - this is PH after all.
I'm surprised the frozen sausages, a hammer & your neighbours lawn option hasn't yet been suggested.
If you want proper legal advice to determine whether taking your neighbour to court might be a good idea or not go & consult a properly qualified - and insured - professional in the real world. Problem is that you'll have to spend a bit of money.


No offence to those that are properly qualified etcsmile