Moving a neighbours fence

Author
Discussion

RZ1

4,334 posts

207 months

Thursday 14th June 2018
quotequote all
will he need planning permission for a garage?

Evanivitch

20,128 posts

123 months

Thursday 14th June 2018
quotequote all
RZ1 said:
will he need planning permission for a garage?
Permitted development of under 2.5m.

Lazermilk

3,523 posts

82 months

Thursday 14th June 2018
quotequote all
h0b0 said:
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.
hehe

Lazermilk

3,523 posts

82 months

Thursday 14th June 2018
quotequote all
Wiccan of Darkness said:
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.

soupdragon1

4,067 posts

98 months

Thursday 14th June 2018
quotequote all
Lazermilk said:
Wiccan of Darkness said:
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.
hehe
I'm sure Wiccan of Darkness is a bit tongue in cheek there....apt user name for that post though smile


dickymint

24,381 posts

259 months

Thursday 14th June 2018
quotequote all
markbigears said:
Got any legal cover on your home insurance? Might be worth a call
This ^^^ especially if you have a mortgage as the lender will have an interest and wont like it either. PS.not read the whole thread yet.

squareflops

1,820 posts

184 months

Thursday 14th June 2018
quotequote all
This may not apply but looking into my AA policy with Legal Cover inc'

We provide legal expenses cover for disputes arising from:

Physical injuries.
Protecting your property (excluding boundary disputes).
Contracts you enter into for goods or services.
Contracts related to buying etc etc etc etc

Other insurers could well cover it but interesting that at least 1 insurer specifically excludes it

Sa Calobra

37,163 posts

212 months

Thursday 14th June 2018
quotequote all
Have you asked them to just move it or it will be moved?

He said yes he knew beforehand. It's not an escalation if you stay calm but I'd be dismantling it without damage.

One of my neighbours giant shrubs overgrew onto my shed so I cut it all back and placed the huge pile back in his garden. I then called round and explained why. I wasn't apologetic nor was I rude. I said it had damamged the felt on the roof of my shed but I was willing to leave it at that.

An idea of the size and scale - my shed is 10foot high and a metre away from the fence boundary.

I've found not approaching people apologetically but firm and respectful gets results. If I complained about the overgrowth I'd have gotten 'so'? Apparently a reclusive rude bloke.

289

232 posts

240 months

Thursday 14th June 2018
quotequote all
Going to be COSTLY

You mention
"We're having a boundary assessment done by a suitable qualified person this weekend"
(there goes the first £500+ )

Legal Boundary determined by Title deeds and OS map.
Title deeds....Do they mention there or thereabouts ?
OS map....any datum points from which the surveyer can start to take measurements?

IF the above methods are not definitive for the surveyer to form a considered opinion then possibly other intrinsic evidence might be required.
Do you have the original building drawings with a much larger scale than the OS map?
Any ground features that are well established?
You mention having google maps showing the boundary before the new fence was repositioned in your absence.

I note all the work was carried out without prior notification or warning.
All we ever want is peaceful enjoyment from our property.

The new fence I believe is the property of your neighbour - removing it would,I believe, cause difficulties until the dispute is resolved.

Those few inches can be COSTLY.
I feel your pain.

Hope it gets resolved amicably.


sandman77

2,423 posts

139 months

Thursday 14th June 2018
quotequote all
As you have been advised, going down the legal route will be expensive. What will be less expensive would be for you you to remove the fence he has built on your property and build a new fence in the correct place. If your neighbour disagrees with this then let him go down the legal route if he thinks it would be worthwhile.
The absolute worst thing you can do here is nothing.

DanL

6,217 posts

266 months

Thursday 14th June 2018
quotequote all
Interesting! Sadly I have no real advice, but clearly no reasonable person would do this in the first place. As a result, being reasonable is unlikely to get results...

It may be worth posting a question here:
https://www.gardenlaw.co.uk/phpBB2/viewforum.php?f...

Lazermilk

3,523 posts

82 months

Thursday 14th June 2018
quotequote all
soupdragon1 said:
Lazermilk said:
Wiccan of Darkness said:
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.
hehe
I'm sure Wiccan of Darkness is a bit tongue in cheek there....apt user name for that post though smile
I had assumed (hoped) so winkhehe

Tankrizzo

7,278 posts

194 months

Thursday 14th June 2018
quotequote all
What an absolute tt. You've have some good advice here, stay away from legal unless you can absolutely help it. You might find when you sit down and show the boundaries quite clearly that they're more amenable to fixing the situation. They probably have a warped view that they're in the right for some reason, these types of people usually do.

Lazermilk

3,523 posts

82 months

Thursday 14th June 2018
quotequote all
Tankrizzo said:
What an absolute tt. You've have some good advice here, stay away from legal unless you can absolutely help it. You might find when you sit down and show the boundaries quite clearly that they're more amenable to fixing the situation. They probably have a warped view that they're in the right for some reason, these types of people usually do.
I doubt it, he said he knew about the curve of the boundary and slammed the door in his face when he first raised it, hes clearly just hoping it will go away and he gets what he wants.

Hayek

8,969 posts

209 months

Thursday 14th June 2018
quotequote all
I wouldn't bother going the legal route (probably). Take up the fence and leave it on their drive. Suck up the cost and have a brick wall built in the right place if you can.

Hayek

8,969 posts

209 months

Thursday 14th June 2018
quotequote all
If you were near Dan I'd come and help you move the fence!

ozzuk

1,183 posts

128 months

Thursday 14th June 2018
quotequote all
I've been involved in boundary disputes at an old property, it can cause an insane amount of stress.

Something I'm happy to be educated on though is why it is okay for them to cause damage to your property and build something on your land without your permission leaving you facing a big legal bill to fight it, and showing no inclination to resolve. Yet you can't just remove their fence and give it them back - leaving them with the legal bill if they want to challenge it?

In your position I'd firstly try my insurer/mortgage provider as suggesting (legal cover). Failing that, I'd write them a letter giving them 14 days to remove the fence and engage with you on a new location, or you will be removing the fence at their cost and building a new one in the correct place.

You may find they do nothing - I mean what can they do if you are confident of the boundary? And no outstanding dispute to declare either, you put on any sale form that there was a boundary dispute which was resolved.

Simples...

TheAngryDog

12,409 posts

210 months

Thursday 14th June 2018
quotequote all
I think it is absolutely bat st crazy that someone can effectively steal your land, but even more so that people say to do nothing about it. The neighbour sounds unreasonable, if the OP doesn't sort this then I see it as the start of a long and potentially miserable time for him, as the neighbour will continue to take liberties. It needs nipping in the bud now, whether that is amicably or down the legal route. If it ruins his neighbour financially then that sounds like a happy coincidence.

langtounlad

781 posts

172 months

Thursday 14th June 2018
quotequote all
It seems very clear that he has 'installed' posts and panels on your land. Remove them without damage - should be easy to do, especially with f-i-l help and place back on the neighbours front lawn. You are returning his property following his error so there can be no complaint from him and it's clear that you are maintaining your right to keep the existing boundary line.
Then have a discussion about where any fence gets reinstated.

Henners

12,230 posts

195 months

Thursday 14th June 2018
quotequote all
TheAngryDog said:
I think it is absolutely bat st crazy that someone can effectively steal your land, but even more so that people say to do nothing about it. The neighbour sounds unreasonable, if the OP doesn't sort this then I see it as the start of a long and potentially miserable time for him, as the neighbour will continue to take liberties. It needs nipping in the bud now, whether that is amicably or down the legal route. If it ruins his neighbour financially then that sounds like a happy coincidence.
I wonder what would happen if nothing was done about it, the garage was built and should the OP come to sell, a solicitor spots this issue x years down the line...