Moving a neighbours fence

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Discussion

Europa1

10,923 posts

189 months

Wednesday 20th June 2018
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DonkeyApple said:
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.
OP, I'm with DonkeyApple on this one.

Tempting though it is to hire a crack team of fencing contractors who will not only move the fence in dead of night without leaving a trace but also stain it the same colour as the boathouse at Hereford, do have an eye on how all of this will play out in Court should it get there. You should be laying a clear audit trail of escalation, which demonstrates you have been entirely reasonable in recognising your neighbour's error, checking it, and giving him the opportunity to rectify before taking any remedial action of your own.

shady lee

962 posts

183 months

Wednesday 20th June 2018
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Pull panels,pull posts....place on property.

Use boundary paperwork when enevetable comes back from holiday and knocking on door.

What I can't understand is how this is costing you money?

Let them do legal action, if your wrong...hey ho.


TroubledSoul

4,600 posts

195 months

Wednesday 20th June 2018
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Yep. Come on OP. Get on with it. These sorts of people really piss me off, thinking they can just ride roughshod over folk.

Oakey

27,593 posts

217 months

Wednesday 20th June 2018
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It's only criminal damage if he damages the materials and as the neighbour is on holiday how can he prove who did it which is exactly the argument that was put forth when it was pointed out he'd committed criminal damage to OP's shrubs

Lazermilk

3,523 posts

82 months

Wednesday 20th June 2018
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Also saves spending money on legal fees etc which could get out of hand quickly, put it on the neighbour to start that if he likes, which given the boundary is not where he put the fence (Which he admitted to knowing about!) he likely wont bother.

I also dont get why you should spend money for him being a tt!

V8RX7

26,902 posts

264 months

Wednesday 20th June 2018
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Oakey said:
It's only criminal damage if he damages the materials

and as the neighbour is on holiday how can he prove who did it
If someone builds a fence on my land - surely that's my fence ?

However if there are NO materials when he comes back then it negates the damage issue wink

whoami

13,151 posts

241 months

Wednesday 20th June 2018
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Much as I would be pissed off, I'd be very wary of commencing an ever-escalating war with a neighbour.

One day, you'll have to sell and quite possibly have to declare the litany of issues over the years.

MarcelM6

539 posts

107 months

Wednesday 20th June 2018
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Build a fence where you think the boundary is. That should put his fence in your property and you can then do as you like...

Or

Build a fence where you think the boundary is - leave both up and foil his plan to build a garage

Or

Build a fence where you think the boundary is and wait for him to take it down etc - report him for criminal damage...

Edited by MarcelM6 on Wednesday 20th June 17:44

Harry Flashman

19,377 posts

243 months

Wednesday 20th June 2018
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OP - why are you still faffing about? Follow DonkeyApple's advice. Also remove fence, if you must.

BUT STOP FANNYING ABOUT LIKE A RABBIT CAUGHT IN HEADLIGHTS.

If he builds something permanent on your land, removing it will be harder and more expensive than simply dealing with all of this now.

Bear-n

1,617 posts

83 months

Wednesday 20th June 2018
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whoami said:
Much as I would be pissed off, I'd be very wary of commencing an ever-escalating war with a neighbour.

One day, you'll have to sell and quite possibly have to declare the litany of issues over the years.
This is very sensible and considered advice; the right conversation might avoid such a necessity. Even if you do have to go down the road of escalation, declaring an incident of a boundary issue that went down the legal avenues with a subsequent resolution is preferable to one of criminal damage and dog-bumming.

Advice that you should ignore.

Bum his dog.

Against the fence.


ozzuk

1,183 posts

128 months

Wednesday 20th June 2018
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whoami said:
Much as I would be pissed off, I'd be very wary of commencing an ever-escalating war with a neighbour.

One day, you'll have to sell and quite possibly have to declare the litany of issues over the years.
If its a closed issue then not much to declare - you could say we had a boundary issue that was resolved. Far more problems will be caused if the boundaries don't match the plans - any buyer will want that resolved.

whoami

13,151 posts

241 months

Wednesday 20th June 2018
quotequote all
ozzuk said:
whoami said:
Much as I would be pissed off, I'd be very wary of commencing an ever-escalating war with a neighbour.

One day, you'll have to sell and quite possibly have to declare the litany of issues over the years.
If its a closed issue then not much to declare - you could say we had a boundary issue that was resolved. Far more problems will be caused if the boundaries don't match the plans - any buyer will want that resolved.
"If" being the operative word.



Some Gump

12,705 posts

187 months

Wednesday 20th June 2018
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OP, how have you not removed the fence yet?

Few mates round, lift panels, knock posts out and leave stacked on his drive. Leave the holes, his fencing contractor can fill them when they dig holes in the correct position .

Hobo

5,764 posts

247 months

Wednesday 20th June 2018
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Have to say that on this occasion I think the OP has an ideal opportunity which may not present itself again.

The fencing contractor has not been paid by the neighbour and is seemingly not happy at the fact. If the OP were to remove the panel/posts (without causing damage to them) and leave them in the neighbours garden this would put his neighbour in a tricky position not only with the OP, but also with the fencing contractor who no doubt will still want paying for the work done in good faith.

It would seem therefore the ideal opportunity, as the neighbour then has to weigh up whether he pays the original contractor, and then pays him again to do the fencing again, or not pay the original contractor and pay another to do the works again (but no doubt have to fend off legal action from the original contractor), and also still have a niggling doubt the OP could still be considering legal action in regards to removal/replacement of plants/trees.

Clearly he doesn't have infinite monetary resources so hit him where it hurts, quickly.

mikeiow

5,385 posts

131 months

Thursday 21st June 2018
quotequote all
Hobo said:
Have to say that on this occasion I think the OP has an ideal opportunity which may not present itself again.

The fencing contractor has not been paid by the neighbour and is seemingly not happy at the fact. If the OP were to remove the panel/posts (without causing damage to them) and leave them in the neighbours garden this would put his neighbour in a tricky position not only with the OP, but also with the fencing contractor who no doubt will still want paying for the work done in good faith.

It would seem therefore the ideal opportunity, as the neighbour then has to weigh up whether he pays the original contractor, and then pays him again to do the fencing again, or not pay the original contractor and pay another to do the works again (but no doubt have to fend off legal action from the original contractor), and also still have a niggling doubt the OP could still be considering legal action in regards to removal/replacement of plants/trees.

Clearly he doesn't have infinite monetary resources so hit him where it hurts, quickly.
^^^^
This!

Not sure if they are away 1 or 2 weeks, but I would certainly pull it ALL out and leave neatly stacked with a note.
Maybe even chalk a line where the boundary is, for clarity....

shady lee

962 posts

183 months

Thursday 21st June 2018
quotequote all
whoami said:
Much as I would be pissed off, I'd be very wary of commencing an ever-escalating war with a neighbour.

One day, you'll have to sell and quite possibly have to declare the litany of issues over the years.
It's already been escalated

wilwak

759 posts

171 months

Thursday 21st June 2018
quotequote all
mikeiow said:
Hobo said:
Have to say that on this occasion I think the OP has an ideal opportunity which may not present itself again.

The fencing contractor has not been paid by the neighbour and is seemingly not happy at the fact. If the OP were to remove the panel/posts (without causing damage to them) and leave them in the neighbours garden this would put his neighbour in a tricky position not only with the OP, but also with the fencing contractor who no doubt will still want paying for the work done in good faith.

It would seem therefore the ideal opportunity, as the neighbour then has to weigh up whether he pays the original contractor, and then pays him again to do the fencing again, or not pay the original contractor and pay another to do the works again (but no doubt have to fend off legal action from the original contractor), and also still have a niggling doubt the OP could still be considering legal action in regards to removal/replacement of plants/trees.

Clearly he doesn't have infinite monetary resources so hit him where it hurts, quickly.
^^^^
This!

Not sure if they are away 1 or 2 weeks, but I would certainly pull it ALL out and leave neatly stacked with a note.
Maybe even chalk a line where the boundary is, for clarity....
This. Get it removed quickly while you have the chance.

You’ve already told him it’s in the wrong place which he acknowledged.

The longer it sits there in situ the more difficult it will get.

If you have it removed then worst case you end up paying to have it reinstalled in an agreed position.

He sounds like a bully who thinks he can take advantage and you won’t do anything.

Needs fixing quick.


ghost83

5,482 posts

191 months

Thursday 21st June 2018
quotequote all
wilwak said:
This. Get it removed quickly while you have the chance.

You’ve already told him it’s in the wrong place which he acknowledged.

The longer it sits there in situ the more difficult it will get.

If you have it removed then worst case you end up paying to have it reinstalled in an agreed position.

He sounds like a bully who thinks he can take advantage and you won’t do anything.

Needs fixing quick.
Pay the fencing contractor to re do the bit that encroaches your land and either suck that cost up or invoice him and chase it through the courts

groomi

9,317 posts

244 months

Thursday 21st June 2018
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I wonder if the fencing contractor provided the materials as well as the labour? If he did, then...

1) He has not been paid yet.
2) He now knows he was lied to by his customer, regarding the position of the fence.
3) He now knows his customer is in a dispute with the neighbour regarding his work.
4) He may or may not feel nervous about any potential liability on his part.

If all the materials he provided and is owed money for (if that is the case) were to suddenly be neatly stacked on his customers driveway, who appear to have left the property without telling him and without paying him, he might be inclined to recoup some of his losses by reclaiming said materials...

Depending on how he feels about number 4, he might even be inclined to lend a hand...

CoolHands

18,691 posts

196 months

Thursday 21st June 2018
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Can't read 12 pages - did the OP provide any 'before' pics?