Neighbours moved fence into my garden - costs claim

Neighbours moved fence into my garden - costs claim

Postby COOCHIE3 » Fri May 06, 2016 7:10 pm

Hi all - I am new on here and looking for anyone who had had a similar issue. I have lived in my house for 10 years and new neighbours moved in 2 years ago. It is a semi-detached home and the fence between is next doors responsibility on the deeds.

The original fence was run along the shared wall and finished at the boundary of their property(mid point of shared wall). They have an extension and their drainpipe extends to shared wall boundary so the fence started behind the drainpipe which is not ideal and probably should never have been allowed.

Anyhow - they replaced the fence with a concrete one and brought a fence that was longer. They have moved it over by about 12 inches(we have a small garden). They moved it in front of the gutter and into our garden(past shared wall between house). They then just finished it in the middle of the edge of our garden as to run it to the wall they would have had to dig up our paving slabs. They also left huge concrete boulders and massive holes all over my garden.

I spoke to them to no avail - they have told me I am petty and wished me luck in moving it. I must also add that I am a single mum of 3 including a baby - it took me 4 days to move some concrete to make it safe and it is still covered in concrete and holes.

It has cost me £300 to get a specialist surveyor to look at it - he is writing to the neigbours to give them 10 days notice to move it over and says I have the right to remove it myself if they do not. He has written a statement of truth in case I need to go to court. I have several questions. 1. If they do not remove it can I get someone else to and go to a small claims court and make them pay? 2. can I also do this to claim the money back for the surveyor fees(they wrote and said they would do nothing till I had written proof that they were not allowed to do this). Also the surveyor said they had committed criminal damage and will write to this effect - he advised me then to go to the police with his letter - can I claim compensation this way.

Thank you everyone - I am finding this very stressfull...its nearly summer and my garden is now a mess - the surveyor said it decreases the value by 5% so not petty..... They also did it when I was not in and their was no discussion about where it would go - I assumed they would just put it in the same place!! Many Thanks, Elaine
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Re: Neighbours moved fence into my garden - costs claim

Postby span » Fri May 06, 2016 8:30 pm

It's always a roll of the dice when you go to court, but it sounds like you have the odds in your favour.

Have you got any relatives/friends who wouldn't mind a bit of heavy lifting, if it meant helping you out?
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Re: Neighbours moved fence into my garden - costs claim

Postby COOCHIE3 » Fri May 06, 2016 9:05 pm

thanks for your reply ...I think if it was just a case of boundary wouldn't be quick to think of court....but its over our internal wall so they can't really argue...unless they are saying part of our house belongs to them.....if I was to carry the fence on I would be on the bricks of the front room! Surveyor says courts also favour the underdog which I would be ..... I could prob round a few people up but surveyor said not to do that .... just to get an injunction and make then remove it...another £180 pound though...will be interesting to see what happens .....another point is that he says that what they have done is not reasonable.... so says there is no way any other surveyor....even one appointed by them would say they are right....why do people do these things!!
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Re: Neighbours moved fence into my garden - costs claim

Postby despair » Fri May 06, 2016 9:14 pm

Have you very carefully checked all mortgages or insurance or credit cards for legal expenses cover

You may have it and not realuse
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Re: Neighbours moved fence into my garden - costs claim

Postby COOCHIE3 » Fri May 06, 2016 9:33 pm

yes - unfortunately none contain it to my knowledge - going to re-check though - thanks
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Re: Neighbours moved fence into my garden - costs claim

Postby arborlad » Fri May 06, 2016 9:40 pm

COOCHIE3 wrote:The original fence was run along the shared wall and finished at the boundary of their property(mid point of shared wall).



Do you have any photos of the original fence or the rest of the garden which shows the fence in its original position.
arborlad

smile...it confuses people
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Re: Neighbours moved fence into my garden - costs claim

Postby COOCHIE3 » Fri May 06, 2016 10:07 pm

No I don't - did think about that though ....I might ask rightmove as it was originally advertised on there ...however - they have dug holes which they did not fill that show they have moved it.... they lengthened the fence by half a fence panel so that it goes past their extension and moves into our garden - the first post is nearly in its original position - then they move posts further out twice so fence is not straight. They also dug out a piece of concrete from around the drainpipe that they kindly left in my garden - shows that the fence could never have gone past the pipe as it was concreted in! the fence is now so far into my garden that the children can and myself but i'm only small can squeeze through and get into their garden. I have taken loads of photo's now of concrete and moved it back to its original position to show exactly where fence ended before if that makes sense!
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Re: Neighbours moved fence into my garden - costs claim

Postby COOCHIE3 » Sat May 07, 2016 8:09 am

I went on google earth and now have pictures of original fence showing boundary :-) thanks
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Re: Neighbours moved fence into my garden - costs claim

Postby COGGY » Sat May 07, 2016 9:34 am

Hi
Your neighbours obviously think you are not able to protect your rights. Have you thought of going to citizens advice for help? Also in our town we have a firm called "Swan Advocacy". When my father had a problem with his neighbour they came to his house and gave lots of help and advice. From memory I think they either did not charge or only a small amount. The lady who helped him was a retired solicitor, who still wanted to help others but not be committed to regular hours. I didn't know of the firm before dad found them, although I have since seen their office in town. It may be worth investigating locally for you. Have you been able to print the photos from Google Earth? Even Google Earth changes sometimes so you do need to keep them as proof.

Do you know anyone who would lend you a dog for a few days? If you could put it on a long lead so it cannot escape through next doors garden, but it could go round and bark at them, they may be concerned. Imagine if they called the police or dog warden, only to be told they have caused the problem. :roll:

Good luck Coggy
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Re: Neighbours moved fence into my garden - costs claim

Postby COOCHIE3 » Sat May 07, 2016 10:14 am

Ha ha ha..... The dog is a good idea..... will have to borrow my sisters and do it if they have a bbq before the fence is moved :-) ....Yes I have saved the pictures...although I don't think I will need them - the surveyor called them very stupid people... said what they have done is dangerous and no way no-one would find in their favour....however courts don't really like disputes about fences...this however is something else! they may well move it when they get the letter ...I will take your advice though and call citizens advice - so annoying to spend time doing this - I work and look after kids and feel like this is going to take the rest of my time!! I think they will get arrested for criminal damage if I call police but waiting for the surveyor letter ...they say patience is a virtue but I'm finding it extremely hard....mayb I should just let the kids run riot in their garden as they can get through the gap! :-)
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Re: Neighbours moved fence into my garden - costs claim

Postby COOCHIE3 » Sat May 07, 2016 10:18 am

...sorry also yes i saved the pictures :-)
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Re: Neighbours moved fence into my garden - costs claim

Postby arborlad » Sat May 07, 2016 10:31 am

COOCHIE3 wrote:I went on google earth and now have pictures of original fence showing boundary :-) thanks



That's good, there should also be evidence of where a wallplate was fitted to the rear of the neighbours house.

I think your next move should be to get a quote from a fencer to remove everything trespassing on your land and placing it on the neighbours land and including all making good of your land to the condition it was and placing sufficient pegs/pins to mark the boundary.
arborlad

smile...it confuses people
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Re: Neighbours moved fence into my garden - costs claim

Postby COOCHIE3 » Sat May 07, 2016 10:44 pm

Hi yes - you think along the same lines - tried to call a fencer today but its the weekend - Monday will have to do :-) ..... am just in 2 minds about the criminal damage bit.... the surveyor said to call the police once I get the letter as he will write its criminal damage (so the police won't will have evidence it is my land)- won't do much for neighbour relations but to be honest I doubt I will ever speak to them again. That way I can ask for compensation at that point to repair damage and possibly remove fence. If they do not remove it in 10 days as letter states I can apply for an injunction - at this point they can also award costs to remove/replace fence and land. If they remove fence I will have to go to small claims court to claim back the money it has cost me so far. Confused as to the best way to go about it - also trepass is another civil matter. Just after the quickest way possible to get it removed and my costs back. Will keep you posted :-) thanks again
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Re: Neighbours moved fence into my garden - costs claim

Postby COOCHIE3 » Sat May 07, 2016 10:45 pm

police will have expert evidence it's my land even!
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Re: Neighbours moved fence into my garden - costs claim

Postby SwitchRich » Tue May 10, 2016 2:36 pm

Sounds like you are on the right track! Please do remember when its over to update this forum. So many stories go unfinished so if you could update everyone its massively appreciated. :)
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