Moving a neighbours fence

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Discussion

alfie2244

11,292 posts

189 months

Wednesday 20th June 2018
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Lazermilk said:
mikeiow said:
shady lee said:
I'm afraid I would have the fence ripped out the second the boundary assessment was done, even more so when they are away.

"You cannot negotiate with a lion when your head is in its mouth" ..... Your neighbors don't give a st about you, so it's time to return the favour x5
Yup. It feels like OP is being all sensitive about doing things right, whereas the neighbours clearly don’t give a damn: get FIL over and carefully and tidily rip it out and stack it neatly on their side with your letter.
There is clearly no “good neighbourly relations” to be maintained, so just sort it out.
If they want a conversation about putting it on the correct boundary, let them ask first.
Seriously.
It would seriously consider doing this, return the favour of the surprise when they return from holiday, not like they can say much since they did worse to you, although I'm sure he would!

Then bill them for the assessment and the lost plants etc wink
I would be just as expensive for them to start legal action against you as it is for you against them........difference is you seem to be in the right and they have caused irreparable damage and attempted to steal a piece of your land.....just a thought.

ozzuk

1,183 posts

128 months

Wednesday 20th June 2018
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I'm with the majority. I know its easy to say that, no repercussions for us but seriously - are you going to wait until you come home one day and he's put a concrete drive in? You'll be facing much bigger legal bills to sort that as he will really dig his heels in. Time to sort it is now, at the least I'd drop a letter in giving 14 days (28???? its a fence) to remove it before you do and pass any costs on.

He has shown you no consideration, knows he is in the wrong and doesn't care. Pussyfooting around won't work, get it sorted!

NDA

21,627 posts

226 months

Wednesday 20th June 2018
quotequote all
ozzuk said:
are you going to wait until you come home one day and he's put a concrete drive in? You'll be facing much bigger legal bills to sort that as he will really dig his heels in.
This is a good point.

I probably wouldn't remove the fence in his absence, but you certainly need to raise the issue - by letter.

andburg

7,297 posts

170 months

Wednesday 20th June 2018
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Should have had the fencer take away the panels as part payment for the work he completed

geeks

9,206 posts

140 months

Wednesday 20th June 2018
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Fencer sounds like a cowboy as well if he just chuckled about the work he completed being on someone else's land!

Lazermilk

3,523 posts

82 months

Wednesday 20th June 2018
quotequote all
alfie2244 said:
Lazermilk said:
mikeiow said:
shady lee said:
I'm afraid I would have the fence ripped out the second the boundary assessment was done, even more so when they are away.

"You cannot negotiate with a lion when your head is in its mouth" ..... Your neighbors don't give a st about you, so it's time to return the favour x5
Yup. It feels like OP is being all sensitive about doing things right, whereas the neighbours clearly don’t give a damn: get FIL over and carefully and tidily rip it out and stack it neatly on their side with your letter.
There is clearly no “good neighbourly relations” to be maintained, so just sort it out.
If they want a conversation about putting it on the correct boundary, let them ask first.
Seriously.
I would seriously consider doing this, return the favour of the surprise when they return from holiday, not like they can say much since they did worse to you, although I'm sure he would!

Then bill them for the assessment and the lost plants etc wink
I would be just as expensive for them to start legal action against you as it is for you against them........difference is you seem to be in the right and they have caused irreparable damage and attempted to steal a piece of your land.....just a thought.
Exactly, pretty sure hes not going to start any legal action when he knows he tried to steal the ground in the first place, he said so before slamming the door in your face!
Setup a camera for his return to capture the moment he goes mad so we can all have a laugh at his expense too wink

DanL

6,223 posts

266 months

Wednesday 20th June 2018
quotequote all
As you’ve had a report to say where the fence should be, I’d be inclined to resite the fence on the correct boundary while they’re away... You've not removed or damaged the fence then, just put it where it should be - honestly, what can they say about that? biggrin

Lazermilk

3,523 posts

82 months

Wednesday 20th June 2018
quotequote all
DanL said:
As you’ve had a report to say where the fence should be, I’d be inclined to resite the fence on the correct boundary while they’re away... You've not removed or damaged the fence then, just put it where it should be - honestly, what can they say about that? biggrin
Then send them the bill for this plus the replacement of your plants etc tongue out

Chris Type R

8,041 posts

250 months

Wednesday 20th June 2018
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dmsims said:
Surely a PH DIY SOS could have a wall built in the correct place by the neighbour is back ?
There's at least one PH'er who could get a swimming pool in that spot within a week wink

Nezquick

1,461 posts

127 months

Wednesday 20th June 2018
quotequote all
If the neighbour is on holiday this week, drop a letter through his letterbox giving him 48 hours to sort it out and advise that if he doesn't you'll have no choice but to remove the fence from your land in accordance with your boundary advice.

When you don't hear from him (which you won't as he's on holiday), just remove the fence.

When he goes mental when he gets back, tell him you gave him time to sort it, he didn't and this is the outcome. After all, how were you to know he was on holiday?

T5Pilot

9 posts

78 months

Wednesday 20th June 2018
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OP - It's difficult as you're clearly a normal, considerate person. Your neighbours clearly aren't.

You have to operate on their level. The fence contractor has even told you what he was told from them as regards their intentions.

YOU MUST ACT IMMEDIATELY.

Slide the panels out & wiggle the posts free. You must not damage the physical fencing items. Leave them stacked on your neighbours property. You are perfectly entitled to do this.

Don't send a letter or anything else. You have already made your opinion & position clear to them, on an earlier occasion, face-to-face.

This fence must be removed forthwith, or you're going to have serious problems. I have done exactly this in an almost identical situation, except my neighbours built a brick wall - 250mm into my land - which was enough to prevent access. I dismantled it carefully. They were fuming. But so what? Needless to say, they rebuilt their wall - On their land.

The only caveat I would add, is if you're willing to pay for it, have their fence & posts put back in - In the correct place as per the clearly obvious pre-existing boundary.

If I were in your position, I'd actually get the original contractor to do this & add this cost onto the neighbours outstanding bill. It then becomes their problem, and further dispute would be between your neighbour & the contractor.

This will be far easier whilst they're still away. Time is of the essence, which I think deep down, you already know.

Andy 308GTB

2,926 posts

222 months

Wednesday 20th June 2018
quotequote all
T5Pilot said:
If I were in your position, I'd actually get the original contractor to do this & add this cost onto the neighbours outstanding bill. It then becomes their problem, and further dispute would be between your neighbour & the contractor.
What Contractor in their right mind is going to think doing this is a good idea, from their perspective?

T5Pilot

9 posts

78 months

Wednesday 20th June 2018
quotequote all
Andy 308GTB said:
T5Pilot said:
If I were in your position, I'd actually get the original contractor to do this & add this cost onto the neighbours outstanding bill. It then becomes their problem, and further dispute would be between your neighbour & the contractor.
What Contractor in their right mind is going to think doing this is a good idea, from their perspective?
It was only a suggestion. There's no harm in asking them. I'm just saying that's what I would try first. If they say no, so be it, nothing lost. I'd then either do it myself, get someone else to do it, or just leave it in their garden.

Andy 308GTB

2,926 posts

222 months

Wednesday 20th June 2018
quotequote all
T5Pilot said:
Andy 308GTB said:
T5Pilot said:
If I were in your position, I'd actually get the original contractor to do this & add this cost onto the neighbours outstanding bill. It then becomes their problem, and further dispute would be between your neighbour & the contractor.
What Contractor in their right mind is going to think doing this is a good idea, from their perspective?
It was only a suggestion. There's no harm in asking them. I'm just saying that's what I would try first. If they say no, so be it, nothing lost. I'd then either do it myself, get someone else to do it, or just leave it in their garden.
Fair enough smile

Lazermilk

3,523 posts

82 months

Wednesday 20th June 2018
quotequote all
Andy 308GTB said:
T5Pilot said:
Andy 308GTB said:
T5Pilot said:
If I were in your position, I'd actually get the original contractor to do this & add this cost onto the neighbours outstanding bill. It then becomes their problem, and further dispute would be between your neighbour & the contractor.
What Contractor in their right mind is going to think doing this is a good idea, from their perspective?
It was only a suggestion. There's no harm in asking them. I'm just saying that's what I would try first. If they say no, so be it, nothing lost. I'd then either do it myself, get someone else to do it, or just leave it in their garden.
Fair enough smile
Also, wasn't it mentioned above that the contractor could potentially be held accountable (At least partly) for the damage by not sticking to the plans?

Maybe they would prefer that option rather than being taken to court to pay for new bushes etc wink

TroubledSoul

4,602 posts

195 months

Wednesday 20th June 2018
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Come on OP, just move the sodding thing. Don't let them off the hook.

Oakey

27,595 posts

217 months

Wednesday 20th June 2018
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This prick has gone on holiday no doubt fully expecting you to have repaid them in kind whilst away and have the fence moved into it's correct position. If he returns and finds you've done sweet fk all he'll feel empowered and move on to stage 2 of his plan which is to get a garage and drive installed. Just rip it up and leave it on his property or have it installed in the correct position.

DonkeyApple

55,476 posts

170 months

Wednesday 20th June 2018
quotequote all
Oakey said:
This prick has gone on holiday no doubt fully expecting you to have repaid them in kind whilst away and have the fence moved into it's correct position. If he returns and finds you've done sweet fk all he'll feel empowered and move on to stage 2 of his plan which is to get a garage and drive installed. Just rip it up and leave it on his property or have it installed in the correct position.
The issue is that this then means both parties have committed criminal damage which makes the next stage much more difficult if it involves a solicitor. Step one should have been the solicitor. The alternate step one, as you discuss above is the ‘Big Vern’ move and you can only head off down that route if you’re willing and able to follow the basic rules and guidelines of Big Vern.

Hayek

8,969 posts

209 months

Wednesday 20th June 2018
quotequote all
samdale said:
dmsims said:
Surely a PH DIY SOS could have a wall built in the correct place by the neighbour is back ?
Not sure, but it could probably see the fence removed and stacked neatly on the neighbours drive by lunchtime, which is what should be happening.
It should be stacked neatly in front of the front door so they cannot get in without moving it.

hotchy

4,479 posts

127 months

Wednesday 20th June 2018
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Your being too soft. Youll go away for the weekend, or you'll wake up on a saturday and a garage will be on your land. At that point your done for. Massive legal costs, 50k+ to put into perspective, iv seen some people loose homes over legal costs with these types of disputes. Go remove fence, even refit it in correct position. Done. Concreate your entire side aswel. Build on that.