Legal position over boundary fence?
Discussion
Just checking: Looking from the house into the back garden, the boundaries to the right and at the end are our responsibility while that to the left is our neighbour's. Yes?
I told this neighbour some time ago that we would be having the old coal bunkers removed. It is (was) about 3m long and right up against his fence. Today, that's what was done. Unfortunately it turns out that the two relevant fence posts were screwed to the back of the bunker, not set into the ground at all. Also, they had not been panelled in the bottom half. Also he has piles of roofing tiles and other stuff on his side, leaning on the fence.
Along with our builders I braced the posts and filled in the gaps as well as possible with some plywood sheets I had, since our respective dogs do not get on (to put it mildly). Obviously I was going to have to speak to him when he got home about what had happened.
When he did get home he came storming into our garden, saying how his wife would go ballistic, how we had no right to do that and how he wanted me to fix it by next week. I did try to calm him down and explain the legality i.e. it's not my fault if he didn't build the fence properly and chooses to pile heavy stuff against it.
We haven't been here long. I don't set out to annoy our neighbours. He said I should have come round (while they were at work) and checked his side of the fence before doing that work.
If he refuses to repair his fence. what then? It looks awful.
I suppose I could have stopped the builders when the potential problem became clear. But what then? Send them home, pay or not pay them?
Am I being unreasonable?
I told this neighbour some time ago that we would be having the old coal bunkers removed. It is (was) about 3m long and right up against his fence. Today, that's what was done. Unfortunately it turns out that the two relevant fence posts were screwed to the back of the bunker, not set into the ground at all. Also, they had not been panelled in the bottom half. Also he has piles of roofing tiles and other stuff on his side, leaning on the fence.
Along with our builders I braced the posts and filled in the gaps as well as possible with some plywood sheets I had, since our respective dogs do not get on (to put it mildly). Obviously I was going to have to speak to him when he got home about what had happened.
When he did get home he came storming into our garden, saying how his wife would go ballistic, how we had no right to do that and how he wanted me to fix it by next week. I did try to calm him down and explain the legality i.e. it's not my fault if he didn't build the fence properly and chooses to pile heavy stuff against it.
We haven't been here long. I don't set out to annoy our neighbours. He said I should have come round (while they were at work) and checked his side of the fence before doing that work.
If he refuses to repair his fence. what then? It looks awful.
I suppose I could have stopped the builders when the potential problem became clear. But what then? Send them home, pay or not pay them?
Am I being unreasonable?
You could argue the toss or just fix it yourself.
Depends if you are up for the argument or not.
If I had disturbed the status quo I would make good.
If I fancied a ruck with the neighbour I'd tell him to do one and that it his responsibility to fix "his" fence. However, that way lies a world of pain unless you are a particular type who likes falling out with people.
Depends if you are up for the argument or not.
If I had disturbed the status quo I would make good.
If I fancied a ruck with the neighbour I'd tell him to do one and that it his responsibility to fix "his" fence. However, that way lies a world of pain unless you are a particular type who likes falling out with people.
The builders are shifting several tons of gravel, removing various bits of unneeded brickwork and concrete to lay about 30 m^2 of pavers and some drains.
The fence hasn't fallen down or broken (though it might with the weight of stuff leaning on it). I've revealed how he saved some money by not building a fence properly supported on his land.
Even so, I have sympathy for him but not to the point of paying the full bill to repair and strengthen his fence.
I just hope he calms down over the weekend so we can come to a sensible arrangement.
The fence hasn't fallen down or broken (though it might with the weight of stuff leaning on it). I've revealed how he saved some money by not building a fence properly supported on his land.
Even so, I have sympathy for him but not to the point of paying the full bill to repair and strengthen his fence.
I just hope he calms down over the weekend so we can come to a sensible arrangement.
driverrob said:
The builders are shifting several tons of gravel, removing various bits of unneeded brickwork and concrete to lay about 30 m^2 of pavers and some drains.
The fence hasn't fallen down or broken (though it might with the weight of stuff leaning on it). I've revealed how he saved some money by not building a fence properly supported on his land.
Even so, I have sympathy for him but not to the point of paying the full bill to repair and strengthen his fence.
I just hope he calms down over the weekend so we can come to a sensible arrangement.
If you are getting a load of work done then why not get it fixed by the builders?The fence hasn't fallen down or broken (though it might with the weight of stuff leaning on it). I've revealed how he saved some money by not building a fence properly supported on his land.
Even so, I have sympathy for him but not to the point of paying the full bill to repair and strengthen his fence.
I just hope he calms down over the weekend so we can come to a sensible arrangement.
Will cost next to nothing.
Momentofmadness said:
herewego said:
You broke it, you fix it.
+1 
What does the cost of a couple of fence posts/panels matter when it comes to maintaining neighbourly relations?
What is up with your neighbour? He should have tidy up his side of the fence.
You mentioned to him about removing the coal bunker.Then he has a lot off storming in your garden about sorting his fence out?
Sorry don't be intimidated you'll be sorry in the long run.Unless I've got the wrong end of the stick?
You mentioned to him about removing the coal bunker.Then he has a lot off storming in your garden about sorting his fence out?
Sorry don't be intimidated you'll be sorry in the long run.Unless I've got the wrong end of the stick?
Land Reg might show whose responsibility the boundary is, but that doesn't mean the fence is the same person's responsibility. If YOUR coal bunker was all that stood between (whoever's) fence being broken down by HIS junk piled up against it, then I'd say the failure of the fence was his junk - especially if you forewarned him the bunker was going.
But what price a couple of fence panels versus neighbourly relations?
But what price a couple of fence panels versus neighbourly relations?
Okay so after my flippant answer last night.
I am a Property Solicitor. I can tell you that, regardless of the legal position, you do not want to pick this fight.
Sensible conversation should end up with a bit more work for your builders and 50/50 on the costs for the fence between you and the neighbour based on what I see here. This is not legal advice. It is common sense advice from someone who knows how these things can explode in a way that makes a bit of a grumpy feeling and £200 of fencing work seem like the option you wished you'd taken when you had the chance.
As said below:-
I am a Property Solicitor. I can tell you that, regardless of the legal position, you do not want to pick this fight.
Sensible conversation should end up with a bit more work for your builders and 50/50 on the costs for the fence between you and the neighbour based on what I see here. This is not legal advice. It is common sense advice from someone who knows how these things can explode in a way that makes a bit of a grumpy feeling and £200 of fencing work seem like the option you wished you'd taken when you had the chance.
As said below:-
TooMany2cvs said:
But what price a couple of fence panels versus neighbourly relations?
For those that are saying "Don't bend, it will be the thin end of the wedge" there is a very simple answer. It only becomes the thin end if you let it. Polite, but firm. Helpful when you can be but never be a patsey.driverrob said:
Just checking: Looking from the house into the back garden, the boundaries to the right and at the end are our responsibility while that to the left is our neighbour's. Yes?
Completely dependent on house and more importantly your deeds*.- Which having read mine state that "I am allowed to keep pigs and chickens but no furry animals over 2ft" - yup, stumped me too!
[quote=Rude-boy
Sensible conversation should end up with a bit more work for your builders and 50/50 on the costs for the fence between you and the neighbour based on what I see here. This is not legal advice. It is common sense advice from someone who knows how these things can explode in a way that makes a bit of a grumpy feeling and £200 of fencing work seem like the option you wished you'd taken when you had the chance.
[/quote]
Thanks. That's pretty much the conclusion my wife and I had come to. We just hope he's less wound up after his weekend break and willing to listen to reason.
Sensible conversation should end up with a bit more work for your builders and 50/50 on the costs for the fence between you and the neighbour based on what I see here. This is not legal advice. It is common sense advice from someone who knows how these things can explode in a way that makes a bit of a grumpy feeling and £200 of fencing work seem like the option you wished you'd taken when you had the chance.
[/quote]
Thanks. That's pretty much the conclusion my wife and I had come to. We just hope he's less wound up after his weekend break and willing to listen to reason.
Cooler heads prevailed, and all are better off for it. Well done.
More people need to watch "neighbours from hell" over what petty squabbles and "it's the principle of it" leads to... Everyone ends up miserable, poorer and bitter when in reality giving someone the benefit of the doubt would just keep everything sweet.
More people need to watch "neighbours from hell" over what petty squabbles and "it's the principle of it" leads to... Everyone ends up miserable, poorer and bitter when in reality giving someone the benefit of the doubt would just keep everything sweet.
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