Moving a neighbours fence

Author
Discussion

bmwmike

6,945 posts

108 months

Wednesday 13th June 2018
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Home insurance legal cover any use in situations like this?

Not sure what I'd do but I couldn't leave it, would grind and grind at me everytime I saw the fence. I think if I was absolutely sure of the boundary I'd give them 5 days to remove it or i'd do it myself and seek costs of disposal and making good.

MattCharlton91

324 posts

140 months

Wednesday 13th June 2018
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Threaten legal action, try to talk him into action. Failing that I'd hire a mini digger for a morning, slide out the panels and gravel boards, then put a strop around the posts and lift straight up with the digger, removing the concrete set too. Then ask him where he would like his fence stacking. Legal will cost a fortune and be a very long drawn out process. You're in the right, clearly. The line has moved considerably and thats completely unacceptable.

wilwak

759 posts

170 months

Wednesday 13th June 2018
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Do you know the name of the fencing contractor who did it?

If it’s a respected reputable one then may be worth contacting them and asking who gave them permission to construct a fence on your property.

We had a similar matter in our street and the fencing contractor told the person they were working for that they were asking to erect on the neighbours land. They wouldn’t do it because they’d be liable. They insisted in putting the fence in the right place.

The contractor has damaged your property without your consent and you therefore have a case against them.

Digger

14,663 posts

191 months

Wednesday 13th June 2018
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DanSkoda said:
Ended up in a bit of a stalemate, so I popped round with a copy of our deeds to show them the boundary line actually curves away from our property and into theirs, so they've got the curvature wrong. This was followed by the husband stating "oh, I know about that" and shutting the door on us!
I enjoyed that part! . . . . Please tell me you were accompanied, thus had a witness?

wilwak

759 posts

170 months

Wednesday 13th June 2018
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Do your neighbours have any forthcoming holidays booked?


robinessex

11,057 posts

181 months

Wednesday 13th June 2018
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Remove the fence. Re-erect it in the correct position. Tell him to go get a solicitor if he don't like it.

oilbethere

908 posts

81 months

Wednesday 13th June 2018
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This is going to end badly if either of you ever want to sell up in the future. I'd try to avoid any legal/council/police action at all costs.

oilbethere

908 posts

81 months

Wednesday 13th June 2018
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If he doesn't play ball I'd be returning all of that soil via his letterbox aswell.

Sa Calobra

37,119 posts

211 months

Wednesday 13th June 2018
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Property solicitor forthwith.

Did they know you were going away?

Evanivitch

20,066 posts

122 months

Wednesday 13th June 2018
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In for updates

gizlaroc

17,251 posts

224 months

Wednesday 13th June 2018
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Evanivitch said:
In for updates
Me too! biggrin

alfie2244

11,292 posts

188 months

Wednesday 13th June 2018
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gizlaroc said:
Evanivitch said:
In for updates
Me too! biggrin
wink

Matt Hew

135 posts

76 months

Wednesday 13th June 2018
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Wait until he gets the base poured for his garage and then start legal proceedings so it costs him more and hopefully teaches him a lesson about his own stupidity.

DanSkoda

Original Poster:

154 posts

94 months

Wednesday 13th June 2018
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The latest update is the better half is keeping me on a short leash as my ideas apparently aren't sensible or the best way to go about it laughwobble

In other news, we've sent them a letter basically stating before any remedial work is undertaken we need to get together, go over everything and agree where the fence should be located. In the bin isn't a sensible suggestion apparently!
I imagine they'd just move some panels out slightly to give us the bin space back and overlook the rest of it given half a chance.

We're having a boundary assessment done by a suitable qualified person this weekend. So they will be able to draw something up a bit more professionally and might have access to more data than us such as aerial photographs maybe?

Had a text from a member of the parish council this evening expressing their disbelief as to how brazen the neighbours been with the positioning of it. And that was just from them driving past it today!
Shame the parish council doesn't have much power to make them behave themselves though.

Father in law who knows a little bit about this land business and boundaries is back from holiday soon so he might be able to chip in with some input too. If not, he has enough machinery kicking about to correctly locate said fence laugh

Edited by DanSkoda on Wednesday 13th June 23:46


Edited by DanSkoda on Wednesday 13th June 23:47

h0b0

7,588 posts

196 months

Wednesday 13th June 2018
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Place your rubbish bins on the other side of the fence. Remove a panel so you have access. Get your dog to st on your land but on his side of the fence.

JQ

5,740 posts

179 months

Wednesday 13th June 2018
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wilwak said:
Do you know the name of the fencing contractor who did it?

If it’s a respected reputable one then may be worth contacting them and asking who gave them permission to construct a fence on your property.

We had a similar matter in our street and the fencing contractor told the person they were working for that they were asking to erect on the neighbours land. They wouldn’t do it because they’d be liable. They insisted in putting the fence in the right place.

The contractor has damaged your property without your consent and you therefore have a case against them.
I'd also be doing this.

If you're able to do this openly on Facebook or Twitter all the better. The contractor may well say they do what they're told, however on the basis that it costs circa £3 to get a plan on a job potentially costing £000's, they have a duty of care to ensure they're not trespassing.

If they blank you, then ask for details of their insurance company as you intend to make a claim.

Best of luck.

JQ

5,740 posts

179 months

Wednesday 13th June 2018
quotequote all
DanSkoda said:
The latest update is the better half is keeping me on a short leash as my ideas apparently aren't sensible or the best way to go about it laughwobble

In other news, we've sent them a letter basically stating before any remedial work is undertaken we need to get together, go over everything and agree where the fence should be located. In the bin isn't a sensible suggestion apparently!
I imagine they'd just move some panels out slightly to give us the bin space back and overlook the rest of it given half a chance.

We're having a boundary assessment done by a suitable qualified person this weekend. So they will be able to draw something up a bit more professionally and might have access to more data than us such as aerial photographs maybe?

Had a text from a member of the parish council this evening expressing their disbelief as to how brazen the neighbours been with the positioning of it. And that was just from them driving past it today!
Shame the parish council doesn't have much power to make them behave themselves though.

Father in law who knows a little bit about this land business and boundaries is back from holiday soon so he might be able to chip in with some input too. If not, he has enough machinery kicking about to correctly locate said fence laugh

Edited by DanSkoda on Wednesday 13th June 23:46


Edited by DanSkoda on Wednesday 13th June 23:47
I should have said earlier, if you need accurate Ordnance Survey plans of your boundary feel free to drop me a PM, happy to help out a ph'er.

Wiccan of Darkness

1,839 posts

83 months

Thursday 14th June 2018
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Ooh I love a good fisticuffs, hey op put up some terracing opposite and sell tickets.

On a serious note, and this is serious, the neighbour has committed an offence by removing your shrubs but it's a civil matter, so not one for the police.

I wouldn't rip out the fence until I'd spoken at length with a property lawyer and I'd be ringing my home insurance company for advice.

The crux of the issue is that boundary disputes are long, costly and painful. This flagrant piss take would have me on a cold war footing from the start.

There was a case local to me (and I'm sure countless others) where the offending party refuses to back down, long story short they lost the house due to legal fees being imposed. I enjoy playing the long game, and this would have made my ocular fluid turn to steam and vent out of my pupils. As for the 'oh I know' comment and then having the door slammed in your face, were that done to me, my end objective would be ensuring a forced sale through bankruptcy after legal fees are imposed. I wouldn't give a jot about the fence from now on, my sole aim would be ensuring they end up with a six figure legal bill. At the very least, a legal bill that costs them the property.

I wouldn't do anything that could jeopardise the case, and that includes napalming the fence/bumming his dog/dog st and broken glass under the car door handles.

I would also refuse compensation, and instead insist on replacement trees/shrubs on a like for like basis.

Have you seen how much a 30ft tree costs? The cost of replacing a mature hedge/shrubbery on a like for like basis would be eye watering.

I also wouldn't go for a quick resolution, either. Years of pain are on the cards.

Just imagine the fateful day when the cocky SOB is evicted by the court bailiffs, all grey, gaunt and haggard and nothing to his name bar a tatty suitcase with some chintzy heirloom shuffling across the pavement, and in your moment of glee you spring out like some demonic zebedee all happy and smiles and say 'here mate, I'd hate you to leave on such a sour note, I can't bear to see you without a roof over your head so here's the box from the 60" HDTV we had delivered for you to sleep in tonight'.

Or just build a massive fk-off sized tesla coil in the garden and torment them to a lifetime of static electricity hell.

snake_oil

2,039 posts

75 months

Thursday 14th June 2018
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CambsBill said:
DanSkoda said:
stumps have been left on our side

Edited by DanSkoda on Wednesday 13th June 10:11
They've taken trees/shrubs down which, even by their interpretation, are on your side of the boundary?

They're taking the pcensoreds.
Spot on. I'd be out there sharpish with a saw/axe and a crazed look in my eye. fk that.

Moonhawk

10,730 posts

219 months

Thursday 14th June 2018
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It needs sorting. We had problems selling a property in the past because there was about 1ft square on the edge of our garden that wasn't technically ours.

The builder had built the boundary wall straight - but there should have been a slight 'notch' out of it about half way down according to the deeds.

Our solicitor hadn't picked it up when we bought the house - but the new buyers solicitor did.

We sorted it in the end - but there was a lot of back and forth with the buyers solicitors which cost time and money. We ended up having to take out an indemnity to cover any potential future issues.