Open plan on deeds..... fence erecting?

Open plan on deeds..... fence erecting?

Author
Discussion

Rosscow

8,755 posts

163 months

Tuesday 1st May 2018
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OP, can I suggest that you buy your own feather edge boarding and fit it to your side of the posts?

I think it would a) make it look better and b) annoy your neighbour significantly enough to make you feel better about the whole situation.

A further plus point - your neighbour has now caused himself more work. When mowing the lawn he’ll now have to mow up to the fence and strim as well. Minge!

PAUL500

2,633 posts

246 months

Tuesday 1st May 2018
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Is the actual boundary line the edge of the concrete drive? if so then he has gifted you some land now, if not at least you have less to mow, its looks tidy enough if a little toy town due to its size.

In a couple of weeks you wont give a monkies about it all anyway.

PositronicRay

27,003 posts

183 months

Tuesday 1st May 2018
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You've left the bin out.

Again.

mikyman

108 posts

107 months

Tuesday 1st May 2018
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Well, despite all the hopefully helpful advice from those of us who have been through the same problem,or legally trained to give an opinion, you have allowed him to walk all over you.What was the point of asking for advice if you were never going to take it.Just bear in mind that if you ever come to sell your house any purchasers solicitor will pick up on both facts that the fence is partially built on your land and it contravenes a covenant.Result buyer walking away! Get you solicitor to act now by at least putting your neighbour,who thinks you are a soft touch, on notice of possible action.I wasn't going to bother when we had the same problem and my solicitor advised that a judge would not look favourably on my case if I left it for more than 6 -9 months before starting to legally complain.If you never want to sell and move then buy your exhaust system!

Sterillium

22,232 posts

225 months

Tuesday 1st May 2018
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M12MTR said:
Sterillium said:
,,,,, to seek legal advice. I'm not sure I'd consider following it as fruitless as beginning a campaign of erratic building works in a tempt to out build the idiot you rightly recognise as a bullying, dismissive covenant-breaking fool.

But it'll make this thread interesting if you do. hehe
So do I go the legal route?

If not you're telling me I lose lose either Way?

And people like this can simply do what they want?

Come on. That ain't the right attitude surely.
Yes. Go the legal route, take the advice and support above and stick at it. Since the first post of this thread you've continued to completely let him do what he wants by ignoring his actions - exactly as you did by not reacting when he bolted his fence to your garage without asking.

Don't join him, beat him. If you enter into a bizarre building competition, it won't end well.


tinder

73 posts

79 months

Tuesday 1st May 2018
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DonkeyApple said:
You won’t. You won’t do anything. He knows it. You know it. We all know it.

He’s done a nice job of the work, given you nothing to complain about. If you were to stick up a fence at the front, which you won’t, he’ll have you take it down within 48 hours. He has the measure of you and won’t ever treat you with an ounce of respect because frankly you don’t even respect yourself.

The whole thread was a total non issue or misleading, corrected and passive aggressive twaddle. Hopefully you can move on now and be grateful you have a neighbour who at least does a good job when they do it.

I know I’m being somewhat rude but you never had any intention of doing anything and all your passive aggressive twaddle about removing fences, seeing solicitors or whatever has just been pointless hot air that serves no purpose and frankly just makes you appear plain odd.
I take it you'll not be buying the book then?

dickymint

24,258 posts

258 months

Tuesday 1st May 2018
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M12MTR said:
I am not allowed by law to touch his fence / paint it / put a single nail in it / attach anything to it without his permission. This is classed as criminal damage (just like he did to my garage brickwork!!!).

Or do you mean modify my side of the trench?

Also he has dug my property and laid chippings without my consent.

Do folk yet see how this is so wrong?????.

(Or am I just a nutter?)
Yes most of us see how much this is wrong.

So why have you not unbolted the fence on your garage? I'm not advocating rip it down but just take the bolts out!

The question of who's the nutter is open for debate.



Welshbeef

49,633 posts

198 months

Wednesday 2nd May 2018
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PAUL500 said:
Is the actual boundary line the edge of the concrete drive? if so then he has gifted you some land now, if not at least you have less to mow, its looks tidy enough if a little toy town due to its size.

In a couple of weeks you wont give a monkies about it all anyway.
From the drawing he put a red line down earlier he verified that line was the boundry so he fence had been eeected on the boundry line - which is perfect.



OP when you say your putting your plans into action now what practically does that mean?


Also when you say criminal damage? IF the fence was built on your property (not the boundry line) then you can do with it as you please. What people do to get around the potential criminal damage is to dig big holes next to each post so that the fence falls over - no one can stop you doing that (happened to a friend of mine New fence up on Friday went to he coast for the weekend came back late Sunday night fence all down (no damage - or was Close board too).
In this instance he instantly went round to ask what had happened “magic moles” and apparently with pictures she showed him the fencer had put it up half an inch to her side vs the original. Well the fence was much thicker than the old one which caused that but none the less to avoid further antagonisarion he moved the fence to the exact spot. Annoying for him but sorted.

FiF

44,042 posts

251 months

Wednesday 2nd May 2018
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What this thread does is make me grateful for my neighbours. Imagine living between a pair of nutters like the old man on one side and OP on the other.

mikeveal

4,569 posts

250 months

Wednesday 2nd May 2018
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FiF said:
What this thread does is make me grateful for my neighbours. Imagine living between a pair of nutters like the old man on one side and OP on the other.
Sounds OK to me, you'd never have to buy a fence.

Welshbeef

49,633 posts

198 months

Wednesday 2nd May 2018
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mikeveal said:
Sounds OK to me, you'd never have to buy a fence.
Lol - well one side the fence would rot away before OP has dithered and pondered on options but yes the other will be a very nice fence (zero contribution too)

Vaud

50,412 posts

155 months

Wednesday 2nd May 2018
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Serious question, are boundaries accurate to 8 inches? On my plans (an older house) the line is so thick that it equates to about a foot!

bazzfb

4 posts

77 months

Wednesday 2nd May 2018
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Sorry Dickymint but I believe youare wrong and as I do not intend to carry on this discussion I can only respectfully suggest you take legal advice or use whatever research facility is available to you.

FiF

44,042 posts

251 months

Wednesday 2nd May 2018
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Welshbeef said:
mikeveal said:
Sounds OK to me, you'd never have to buy a fence.
Lol - well one side the fence would rot away before OP has dithered and pondered on options but yes the other will be a very nice fence (zero contribution too)
Depends which way round they were. Assuming normal arrangement of responsibility for the fence on your right, then if the old fella were on the left then I'd have a well constructed fence at no cost.Plus I wouldn't be crying to the internet over the odd inch or two of turf, that probably hadn't been laid or maintained by me. If the OP were on the right then I'd have a well constructed and maintained fence at my cost built on my land. OP could go and run crying and Instagramming bks to the internet if he didn't like the colour, or the finish of the wood, or the size of the gravel chippings.

The old bloke sounds a bit of a rude grumpy old pita, fair enough, but frankly lost all patience with OP now. Let's face it, if he built his 2m high fence down his drive I'd piss my socks off if it started a dispute because the last 2m before the road were >1m high. And now he's spending money just to buy a presumably very noisy exhaust in some sort of childish retribution move. Sorry, but the title of the thread should be "When Cocks collide."

sandman77

2,401 posts

138 months

Wednesday 2nd May 2018
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That fence looks pretty nice to me. I honestly don't see the problem here. Your neighbour who you don't get on with has paid for and erected a small fence between your front gardens. I would be grateful if I were you.

PositronicRay

27,003 posts

183 months

Wednesday 2nd May 2018
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FiF said:
Depends which way round they were. Assuming normal arrangement of responsibility for the fence on your right, then if the old fella were on the left then I'd have a well constructed fence at no cost.Plus I wouldn't be crying to the internet over the odd inch or two of turf, that probably hadn't been laid or maintained by me. If the OP were on the right then I'd have a well constructed and maintained fence at my cost built on my land. OP could go and run crying and Instagramming bks to the internet if he didn't like the colour, or the finish of the wood, or the size of the gravel chippings.

The old bloke sounds a bit of a rude grumpy old pita, fair enough, but frankly lost all patience with OP now. Let's face it, if he built his 2m high fence down his drive I'd piss my socks off if it started a dispute because the last 2m before the road were >1m high. And now he's spending money just to buy a presumably very noisy exhaust in some sort of childish retribution move. Sorry, but the title of the thread should be "When Cocks collide."
Spot on.

Vaud

50,412 posts

155 months

Wednesday 2nd May 2018
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M12MTR said:
(Or am I just a nutter?)
You don't know how (to try) to defuse a situation and can only see a confrontation as the belated outcome after many events have already happened.

I'm not having a pop at you, many, many people don't have negotiating skills. I'm not great myself, but I have learned some extra techniques. Get a 2nd hand copy of the book, "Getting to yes" - it gives you another set of tools to use at work and at home...

If it were me in your shoes, I'd take a bottle of wine around to his house, smile and say something like "Could we possibly have a chat - I think they might have been a misunderstanding and I'd really value your thoughts?"

Disarm with a gift. Disarm with pleasantries. Disarm with giving him the perception of the "high ground".
The outcome is the important bit, not how you get there.

blueg33

35,775 posts

224 months

Wednesday 2nd May 2018
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With regards to the rear fence as its a small strip of land, rather than take it down an alternate strategy is a letter along the lines of

Dear Neighbour, I note that you have constructed your fence on the wrong side of the boundary. For the time being I give you permission to use said land, but note that this permission can be revoked at any time. I also retain full rights of access onto that land.

Yours

The op

Note that the key thing is to give permission, if they have permission they cannot obtain adverse possession, as that has to be without consent of the landowner. Note IANAL.

TwistingMyMelon

6,385 posts

205 months

Wednesday 2nd May 2018
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What can you do without lawyers?

What happened if I came home to that fence, I have a similar garden to OP, got out my sledgehammer and smashed it up, what would come of it?


Flibble

6,475 posts

181 months

Wednesday 2nd May 2018
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TwistingMyMelon said:
What can you do without lawyers?

What happened if I came home to that fence, I have a similar garden to OP, got out my sledgehammer and smashed it up, what would come of it?
Criminal damage charges? It's the neighbours' fence regardless of it being on the boundary of the OP's property.