Moving a neighbours fence

Author
Discussion

TheAngryDog

12,486 posts

214 months

Thursday 14th June 2018
quotequote all
Henners said:
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...
It would cause issues I am sure. I may be in a similar situation when I come to sell, except I am the one that I think has more land than I should do. This was not picked up by me or my solicitor at the time of buying, but then I aren't entirely sure how the solicitor would pick this up? The fence line at my house has been like it is for years by the looks of it, especially as there is also a brick wall on the other side of my fence on my adjoining neighbours land.

TwistingMyMelon

6,390 posts

210 months

Thursday 14th June 2018
quotequote all
TheAngryDog said:
Henners said:
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...
It would cause issues I am sure. I may be in a similar situation when I come to sell, except I am the one that I think has more land than I should do. This was not picked up by me or my solicitor at the time of buying, but then I aren't entirely sure how the solicitor would pick this up? The fence line at my house has been like it is for years by the looks of it, especially as there is also a brick wall on the other side of my fence on my adjoining neighbours land.
The trouble is that if its picked up by the future buyers solicitor it could just make any potential sale fall through or delayed so not even a win there

TheAngryDog

12,486 posts

214 months

Thursday 14th June 2018
quotequote all
TwistingMyMelon said:
TheAngryDog said:
Henners said:
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...
It would cause issues I am sure. I may be in a similar situation when I come to sell, except I am the one that I think has more land than I should do. This was not picked up by me or my solicitor at the time of buying, but then I aren't entirely sure how the solicitor would pick this up? The fence line at my house has been like it is for years by the looks of it, especially as there is also a brick wall on the other side of my fence on my adjoining neighbours land.
The trouble is that if its picked up by the future buyers solicitor it could just make any potential sale fall through or delayed so not even a win there
Fully aware of that since I found out about it, and I expect I will rectify it at some point. I suspect what has happened in the past is that there was a friendly agreement in place between the owners of my house and the adjoining one, that no one has yet sought to put right...

IanA2

2,768 posts

167 months

Thursday 14th June 2018
quotequote all
Wiccan of Darkness said:
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 read this thread yesterday before my wife came back from a (very cheap) nursery with two small trees.

Extrapolating from their cost, the cost to replace a mature boundary hedge would indeed be absolutely eye-watering.

And no boundary hassle, he replaces your hedge where it was.

Simple and effective, he destroyed it, he replaces it, can't see any wriggle room.

Lazermilk

3,523 posts

86 months

Thursday 14th June 2018
quotequote all
IanA2 said:
Wiccan of Darkness said:
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 read this thread yesterday before my wife came back from a (very cheap) nursery with two small trees.

Extrapolating from their cost, the cost to replace a mature boundary hedge would indeed be absolutely eye-watering.

And no boundary hassle, he replaces your hedge where it was.

Simple and effective, he destroyed it, he replaces it, can't see any wriggle room.
Sounds like a good idea, you should accept nothing less than this to get the point across that he cant do this kind of thing without consequence wink

sospan

2,554 posts

227 months

Thursday 14th June 2018
quotequote all
I used to work in our police ops room. We had many boundary dispute calls.
Essentially NOT a police matter but a civil one so consult a solicitor initially who can help and advise.
However....these disputes can easily escalate and aspects become a police matter. Neighbour can report you as causing criminal damage if you pull the fence down. Relationships deteriorate and a war of tit for tat escalates resulting in police called to intervene. We had some really childish behaviour in some cases and both parties told to grow up and not act like children in some cases.
So....legal advice and get evidence of the before and after to use by your so.i ivor with any and all documentation.
Get ready for a reaction from the neighbour and ask solicitor for how to deal with it.
Above all work hard at being restrained in your dealings so as not to give the neighbour grounds to claim against you. Not easy but by keeping that way you maintain the upper hand.
Best of luck!

Lazermilk

3,523 posts

86 months

Thursday 14th June 2018
quotequote all
sospan said:
I used to work in our police ops room. We had many boundary dispute calls.
Essentially NOT a police matter but a civil one so consult a solicitor initially who can help and advise.
However....these disputes can easily escalate and aspects become a police matter. Neighbour can report you as causing criminal damage if you pull the fence down. Relationships deteriorate and a war of tit for tat escalates resulting in police called to intervene. We had some really childish behaviour in some cases and both parties told to grow up and not act like children in some cases.
So....legal advice and get evidence of the before and after to use by your so.i ivor with any and all documentation.
Get ready for a reaction from the neighbour and ask solicitor for how to deal with it.
Above all work hard at being restrained in your dealings so as not to give the neighbour grounds to claim against you. Not easy but by keeping that way you maintain the upper hand.
Best of luck!
But hasn't the neighbour already committed criminal damage by destroying the plants/bushes?
Why couldn't he just remove the fence which was illegally placed on his land if he chose to?

Digger

15,094 posts

196 months

Thursday 14th June 2018
quotequote all
. . . because, as mentioned countless times, the aim is to behave maturely to maintain the upper hand, and NOT let emotions take hold, albeit the potentially more expensive route (solicitors etc). Any tit-for-tat behaviour has the potential to escalate very quickly in the wrong direction.

Digger

15,094 posts

196 months

Thursday 14th June 2018
quotequote all
Having said that, some edited highlights would be most welcome, so if the OP could kindly set up a covert camera facing the area for when it all kicks off, I’m sure we’d all be most grateful.

Lazermilk

3,523 posts

86 months

Thursday 14th June 2018
quotequote all
Digger said:
. . . because, as mentioned countless times, the aim is to behave maturely to maintain the upper hand, and NOT let emotions take hold, albeit the potentially more expensive route (solicitors etc). Any tit-for-tat behaviour has the potential to escalate very quickly in the wrong direction.
Yes of course, I'm not suggesting it is the best way of doing it, but it seems a bit odd if it turned out cutting down the bushes and placing a fence on the neighbours land isn't considered criminal damage when calling the police about it, yet ripping the fence out of your own land is?
I assume it wasn't meant that way, but sospan wrote "Neighbour can report you as causing criminal damage if you pull the fence down.", doesn't this make it a criminal damage case that the bushes were all cut down without agreements up front? wink

Digger said:
Having said that, some edited highlights would be most welcome, so if the OP could kindly set up a covert camera facing the area for when it all kicks off, I’m sure we’d all be most grateful.
I second this and can recommend a good IP camera to use if you like smile

Toltec

7,167 posts

228 months

Thursday 14th June 2018
quotequote all
IanA2 said:
I read this thread yesterday before my wife came back from a (very cheap) nursery with two small trees.

Extrapolating from their cost, the cost to replace a mature boundary hedge would indeed be absolutely eye-watering.

And no boundary hassle, he replaces your hedge where it was.

Simple and effective, he destroyed it, he replaces it, can't see any wriggle room.
OT, buying trees 'bare root' is a lot cheaper.

Digger

15,094 posts

196 months

Thursday 14th June 2018
quotequote all
Bit of a daft question, but is there any situation where a council would or could get involved in such circumstances?

Dromedary66

1,924 posts

143 months

Thursday 14th June 2018
quotequote all
Lazermilk said:
But hasn't the neighbour already committed criminal damage by destroying the plants/bushes?
Why couldn't he just remove the fence which was illegally placed on his land if he chose to?
Interested in your answer to this sospan?? If one is criminal damage then so is the other...

anonymous-user

59 months

Thursday 14th June 2018
quotequote all
Dromedary66 said:
Interested in your answer to this sospan?? If one is criminal damage then so is the other...
Both are.
If the police are there then one is active and they are more compelled to do something.

Depends on the copper. Most would be desperate to get away.

DonkeyApple

57,658 posts

174 months

Thursday 14th June 2018
quotequote all
Stick the fence up on gumtree as ‘unwanted holiday welcome home gift’. 99p 7 day listing. Winning bid must remove from premises within 5 day’s of end of auction. Email link to throbber next door. biggrin


sospan

2,554 posts

227 months

Thursday 14th June 2018
quotequote all
Dromedary. Yes, there is potential to claim the neighbour has committed criminal damage by cutting down the trees/shrubs on the OP property. However, this could be used as leverage by the solicitor to frighten the neighbour into back pedalling. Taking down the fence before an initial warning etc could be seen as tit-for-tat and cause the wrong route forward. Also, if the fence builders cut them down they could be made liable for actually doing the cutting. Again they might help out, if pressed, to indicate what the neighbour instructed them to do, hopefully in a written request/quote. It gets complicated indeed. Just be aware that despite knowing they are in the wrong the neighbours might dig their heels in. There was a local case to us here where someone either did not get good advice or ignored it, the case going to the High Court. They lost and ended up getting their home possessed to cover the victim neighbours costs and compensation.
So...just hope the early stages have the desired effect. The OP should get all this from his solicitor re how to proceed, ideally with an initial advice to start the process before the solicitor ramps it up and costs escalate.

paulrockliffe

15,929 posts

232 months

Thursday 14th June 2018
quotequote all
Are you mortgaged OP?

If so, your contact probably obliges you to inform them and they are going to enforce their rights over their security. They'll go legal and recover their costs from your dhead neighbour, while you put your feet up.

austinsmirk

5,597 posts

128 months

Thursday 14th June 2018
quotequote all
not quite on the subject- but it might make you laugh

with regard to a social housing tenant- an officer of mine is trying to get her to cut her hedges.

tnt is refusing- saying the tops and sides of the hedges (obviously growing into her garden/on the fence line) are not within her garden.

you know, like every other normal person in the world treats as their own and cuts.

of course what should be a nice 5' high privet is about 12' high and looks like its exploding.

Toltec

7,167 posts

228 months

Thursday 14th June 2018
quotequote all
desolate said:
Both are.
If the police are there then one is active and they are more compelled to do something.

Depends on the copper. Most would be desperate to get away.
The first one does not negate the second, and there is likely to be more evidence of the second...

Bullies and people that take the piss know how to play the system if you retaliate and also know how much more effort it is to sort things out properly and hope you haven't got the means or patience to pursue it.

IanA2

2,768 posts

167 months

Thursday 14th June 2018
quotequote all
Toltec said:
IanA2 said:
I read this thread yesterday before my wife came back from a (very cheap) nursery with two small trees.

Extrapolating from their cost, the cost to replace a mature boundary hedge would indeed be absolutely eye-watering.

And no boundary hassle, he replaces your hedge where it was.

Simple and effective, he destroyed it, he replaces it, can't see any wriggle room.
OT, buying trees 'bare root' is a lot cheaper.
Our garden is what some might call, on the large side. In it, we have lots of trees, some we planted bare root 15 years ago, some pre-date the house;

so 1870's or thereabouts, although I think the oak is around three hundred years old.

Many are fruit, peach, fig, apple, quince, pear, apricot, cherry amongst others.

But thanks for the advice anyway.