Moving a neighbours fence
Discussion
oblio said:
PhilboSE said:
I'm a bit late to the party on this thread but it's very reminiscent of one of my own, albeit on my father's behalf: https://www.pistonheads.com/gassing/topic.asp?t=15...
In his case he was advised to prepare his case without doing anything to the infringing fence. He had to prepare documentation helped by land surveyors and barristers, costing £30,000 before going to court. Over 18 months later he won and was awarded his costs and damages, but he had to be very patient and be very careful all the way through the process. His case was even more blatant than yours, but the law does not support a quick response. For a legal recourse, you need to handle matters very carefully.
It's outrageous that someone can just appropriate your property and leave you effectively powerless for a legal direct response, but that's the way it seems to be.
Unfortunately the OP will also now have to declare a boundary dispute with the neighbour should he ever come to sell, and that alone would put off some buyers.
Did the neighbours remove the lean to and reinstate the boundary in the end?In his case he was advised to prepare his case without doing anything to the infringing fence. He had to prepare documentation helped by land surveyors and barristers, costing £30,000 before going to court. Over 18 months later he won and was awarded his costs and damages, but he had to be very patient and be very careful all the way through the process. His case was even more blatant than yours, but the law does not support a quick response. For a legal recourse, you need to handle matters very carefully.
It's outrageous that someone can just appropriate your property and leave you effectively powerless for a legal direct response, but that's the way it seems to be.
Unfortunately the OP will also now have to declare a boundary dispute with the neighbour should he ever come to sell, and that alone would put off some buyers.
PS Sorry for the slight thread hi-jack
Was it worth it in the end or if your dad had his time again would he have tried harder at an amicable solution?
ATV said:
PhilboSE, I'd like to know if in addition to the £30k your father outlayed, did it cost a lot in terms of "mental energy"? Meaning trips to solicitors office, court hearings, telephone calls, stress, sleepless nights etc.
Was it worth it in the end or if your dad had his time again would he have tried harder at an amicable solution?
My father had to take a few people to Court and if he was honest it wasn't worth it, the time / hassle, the ridiculous legal costs etc and he generally won.Was it worth it in the end or if your dad had his time again would he have tried harder at an amicable solution?
If you are the type of person who can turn the other cheek life is less stressful
Unfortunately some of us can't live like that.
But having seen it I'd always advise to try to resolve such things amicably
Except in this case where I'd have removed the fence the day I saw it.
It’s quite difficult following all the holiday bandit fencing threads this year on PH but this is the one where the OP really seemed to have an open and shut case for removing that junk from his land and beating the neighbour around the head with the posts until he paid up for the repairs. It was just total vandalism by someone who needed putting back in their box immediately. Other threads have tended to be more about two highly passive aggressive people ending up living next door and the hilarity that ensues as they say in Hollywood.
DonkeyApple said:
It’s quite difficult following all the holiday bandit fencing threads this year on PH but this is the one where the OP really seemed to have an open and shut case for removing that junk from his land and beating the neighbour around the head with the posts until he paid up for the repairs. It was just total vandalism by someone who needed putting back in their box immediately. Other threads have tended to be more about two highly passive aggressive people ending up living next door and the hilarity that ensues as they say in Hollywood.
You've purchased an improved and better sounding keyboard haven't you? 
ATV said:
PhilboSE, I'd like to know if in addition to the £30k your father outlayed, did it cost a lot in terms of "mental energy"? Meaning trips to solicitors office, court hearings, telephone calls, stress, sleepless nights etc.
Was it worth it in the end or if your dad had his time again would he have tried harder at an amicable solution?
Only just saw this as the thread dropped off my radar (to go with the OP). Yes, there was a big investment in his time and energy to pursue his case, take advice and go through the process. I think he would do it again because he is very principled, but he has the advantage of being healthily retired so has time on his side.Was it worth it in the end or if your dad had his time again would he have tried harder at an amicable solution?
He tried extremely hard for an amicable solution. Every attempt was rebuffed or ignored. At one point he offered to deed the land to the offender if the other side just paid his costs incurred to date (which at that point weren't so great). The other guy was just a complete dick and thought my dad would give up or go away. I think it was that attitude which spurred on my dad - and also helped his case where he could demonstrate he had pursued every option to resolve.
Eventually he won, and almost immediately the original boundary was restored and the lean-to removed and my dad's fees paid. The mature shrubs which were grubbed up by the neighbour weren't restored, however.
Gassing Station | Homes, Gardens and DIY | Top of Page | What's New | My Stuff