My neighbour burned down my fence
My neighbour burned down my fence
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NiceCupOfTea

Original Poster:

25,446 posts

269 months

Wednesday 9th September 2009
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Just had a visit from our neighbour over the back who informed me that one of their frequent bonfires had set fire to our fence rolleyes.

He's getting it replaced and is getting quotes tomorrow - obviously he has offered to pay as it is our fence.

I'm a bit cheesed off about it because he keeps having bonfires 3 feet from the fence to get rid of garden rubbish, and then goes back into the house and leaves it burning. It was only a matter of time really. In fact he set fire to and killed a nice climbing rose we had in that corner of the garden a while back.

Even more annoying is that we had other climbing plants that have been killed and trellis which is damaged, not to mention the fun few days I spent 3 months ago putting 2 coats of preservative on it.

Do we have the right to insist that it is painted with the same preservative that I painted it with? Can the fence be put in without trespass on our property? Don't really want people trampling on our flower beds. Also, it was wooden panels between concrete posts: I think he wants to replace other nearby fences too (part of me is thinking "how convenient" and will be keeping an eye on "creeping boundaries") so I am wondering if they will just get the whole lot replaced with wooden panels/posts...

Thoughts?

ETA - My wife just reminded me that the fence is a about 2 feet from our shed which has a petrol/mower strimmer in -----> *BOOM* yikes

Edited by NiceCupOfTea on Wednesday 9th September 20:54

Simpo Two

89,685 posts

283 months

Wednesday 9th September 2009
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I'd go halves with him on a brick wall.

robinhood21

30,946 posts

250 months

Wednesday 9th September 2009
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Be cheaper to buy him a garden-incinerator (or whatever they call them). wink

VxDuncan

2,850 posts

252 months

Wednesday 9th September 2009
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Personally I'd forget the preservative. Do that yourself then you'll stand more chance of getting a match. If it's concrete posts already then the new panels will just slot in from above. No need to go on your side, simple quick job as long as you have two people to slot them in. If the posts are being changed then I'd be worried...

There is however a VAST difference in quality of fence panels. From cheapo green timber ones at £12 a shot to fancy heavy duty ones at £50+. I'd really be watching what he puts back in, the cheap ones are horrid - the slats will drop / shrink, the top strips fall off, knots drop out and they just don't last. Don't ask me how I know...

Biker's Nemesis

40,362 posts

226 months

Wednesday 9th September 2009
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VxDuncan said:
Don't ask me how I know...
How do you know?

Chrisgr31

14,096 posts

273 months

Wednesday 9th September 2009
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I don't know what you are complaining about, my next door neighbour set fire to my fence, my shed, another neighbours shed, several trees, loads of plants, and a hedgerow. Had two fire engines to extinguish the blaze, which is still the talking point of the neighbourhood 3 years after it occurred. The flames were taller than the house, and seem by an incredible amount of people.

My real complaint was when I submitted my insurance claim my insurance company said they wouldn;t pay out for plants etc. Eventally his insurance company re-imbursed mine, and I got my excess back. However failed to then question if I could claim for all my plants!

Olf

11,974 posts

236 months

Wednesday 9th September 2009
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Biker's Nemesis said:
VxDuncan said:
Don't ask me how I know...
How do you know?
He made it up. But he's a good and convincing liar.

NiceCupOfTea

Original Poster:

25,446 posts

269 months

Thursday 10th September 2009
quotequote all
VxDuncan said:
Personally I'd forget the preservative. Do that yourself then you'll stand more chance of getting a match. If it's concrete posts already then the new panels will just slot in from above. No need to go on your side, simple quick job as long as you have two people to slot them in. If the posts are being changed then I'd be worried...

There is however a VAST difference in quality of fence panels. From cheapo green timber ones at £12 a shot to fancy heavy duty ones at £50+. I'd really be watching what he puts back in, the cheap ones are horrid - the slats will drop / shrink, the top strips fall off, knots drop out and they just don't last. Don't ask me how I know...
I know what you mean - however, the fence that has been partially burned down is pretty poor with dropping/shrinking slats hehe I will be making sure he puts something OK in.

However, it was only painted a few weeks ago so provided he uses the right stuff it will match (there were some bits I did several weeks later when I moved the shed and they match perfectly). IMHO there is no point in him using the wrong stuff because he has no way of knowing how close the colour match will be when it dries, and I WILL complain!

Plus it was a bloody awful job and I'm damned if I'm doing it again because the lazy bugger couldn't take his crap to the tip!

JuniorD

9,013 posts

241 months

Thursday 10th September 2009
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If his fires are causing a nuisance then they are probably illegal. Nuisance smokey fires certianly are under the Environmental Protection Act 1990 with a maximum penalty of £5000. Sooner or late the idiot is going to do serious damage.

Olf

11,974 posts

236 months

Thursday 10th September 2009
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JuniorD said:
If his fires are causing a nuisance then they are probably illegal. Nuisance smokey fires certianly are under the Environmental Protection Act 1990 with a maximum penalty of £5000. Sooner or late the idiot is going to do serious damage.
The problem is if you take action against a neighbor you have to declare it when you sell your house. Better to keep it informal if you can.

JustinP1

13,330 posts

248 months

Thursday 10th September 2009
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NiceCupOfTea said:
ETA - My wife just reminded me that the fence is a about 2 feet from our shed which has a petrol/mower strimmer in -----> *BOOM* yikes
Which is exactly why planning permission says you are not allowed to put a shed within 6 feet of your boundary unless it is totally non-combustible...

I guess this may be an issue?


CraigW

12,248 posts

300 months

Thursday 10th September 2009
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I'd go to him and say something along the lines of...

look, I dont want to make a huge deal out of this, accidents can happen, BUT, as it has now happened, obviously I appreciate you'll be replacing the fence which I WILL need coated as the old one was, but in the interests of it not happening again could you get a cheap incinerator/firebasket & put it a bit further away from my fence as I have lost a few flowers/plants atc in the past, i wouldnt have made a thing of it then but as we're discussing it now then best to be clear. no hard feelings.

Puggit

49,226 posts

266 months

Thursday 10th September 2009
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I would assume it's criminal damage unless replaced like for like?

Don

28,378 posts

302 months

Thursday 10th September 2009
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CraigW said:
I'd go to him and say something along the lines of...

look, I dont want to make a huge deal out of this, accidents can happen, BUT, as it has now happened, obviously I appreciate you'll be replacing the fence which I WILL need coated as the old one was, but in the interests of it not happening again could you get a cheap incinerator/firebasket & put it a bit further away from my fence as I have lost a few flowers/plants atc in the past, i wouldnt have made a thing of it then but as we're discussing it now then best to be clear. no hard feelings.
yesyes

Marf

22,907 posts

259 months

Thursday 10th September 2009
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Puggit said:
I would assume it's criminal damage unless replaced like for like?
Unless you can prove intent then its not criminal damage.

CraigW

12,248 posts

300 months

Thursday 10th September 2009
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silver.fox.2008

820 posts

208 months

Thursday 10th September 2009
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Marf said:
Puggit said:
I would assume it's criminal damage unless replaced like for like?
Unless you can prove intent then its not criminal damage.
Would it make a difference if he can prove stupidity hehe

NiceCupOfTea

Original Poster:

25,446 posts

269 months

Thursday 10th September 2009
quotequote all
JustinP1 said:
NiceCupOfTea said:
ETA - My wife just reminded me that the fence is a about 2 feet from our shed which has a petrol/mower strimmer in -----> *BOOM* yikes
Which is exactly why planning permission says you are not allowed to put a shed within 6 feet of your boundary unless it is totally non-combustible...

I guess this may be an issue?
What?

a) do you need planning permission for a garden shed?
b) has anybody in the history of the world bothered getting it?
c) for anybody who has a normal suburban garden this means putting it in the *middle* of the garden! laugh

What do planning regs say about having unattended bonfires 3 feet from a wooden fence?

Some good suggestions. I will suggest an incinerator or something although not sure how he'll take it. Tempted to ask our builder to replace it as he's doing work for us at the moment. Wonder if the neighbour would object to "inflated quotes" (ie not using the cheapest ste we can find). Would replacing the whole fence be excessive when only 2 panels are damaged? I don't really want a non-matching fence...

Edited by NiceCupOfTea on Thursday 10th September 20:21

zollburgers

1,278 posts

201 months

Thursday 10th September 2009
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Chrisgr31 said:
I don't know what you are complaining about, my next door neighbour set fire to my fence, my shed, another neighbours shed, several trees, loads of plants, and a hedgerow. Had two fire engines to extinguish the blaze, which is still the talking point of the neighbourhood 3 years after it occurred. The flames were taller than the house, and seem by an incredible amount of people.
Pah, I don't know what you are complaining about. I live next to Buncefield and my neighbour caused the UK's biggest peacetime fire. Had 25 fire engines, 20 support vehicles and over 180 firefighters and is still the talking point 4 years after it occurred. The flames were taller than God and seen from space.

mybrainhurts

90,809 posts

273 months

Thursday 10th September 2009
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Olf said:
Biker's Nemesis said:
VxDuncan said:
Don't ask me how I know...
How do you know?
He made it up. But he's a good and convincing liar.
And he told you not to ask him. Look, I put it in bold...