Neighbours fence in my garden

Fence inside my boundary

Postby wengren » Sat Apr 01, 2017 5:38 pm

I live in a council house and neighbours over back garden are private. They moved fence 3 half foot into my garden. Council have written to them asking them to reinstate to the original fence line. They have give them a date to do it by or they woll commence legal action. Does that mean they have to take fence down or just put a new fence up along the boundary
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Re: Fence inside my boundary

Postby MacadamB53 » Sat Apr 01, 2017 5:53 pm

wengren wrote:I live in a council house and neighbours over back garden are private. They moved fence 3 half foot into my garden. Council have written to them asking them to reinstate to the original fence line. They have give them a date to do it by or they woll commence legal action. Does that mean they have to take fence down or just put a new fence up along the boundary
it doesn't mean they "have to" do either - only if your landlord takes them to court and the judge finds in favour of your landlord can you begin to use the phrase "have to".

unless one has read a copy of the letter one can only speculate as to what the landlord demanded - but if it says "reinstate" that implies removal of the "wrong" fence before installing the "right" fence and your neighbour would running the gauntlet if he left the "wrong" fence in situ.

Kind regards, Mac
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Re: Fence inside my boundary

Postby wengren » Sat Apr 01, 2017 6:42 pm

Thanks mac
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Re: Fence inside my boundary

Postby Collaborate » Sat Apr 01, 2017 6:49 pm

It's quite likely that if your neighbouring property is ex-council there will be an obligation on the original buyer to maintain boundary fences. Not so easy to enforce when the original buyer has sold it on though.
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Re: Fence inside my boundary

Postby arborlad » Sun Apr 02, 2017 7:27 am

wengren wrote:I live in a council house and neighbours over back garden are private. They moved fence 3 half foot into my garden. Council have written to them asking them to reinstate to the original fence line. They have give them a date to do it by or they woll commence legal action. Does that mean they have to take fence down or just put a new fence up along the boundary




Your council is acting on this matter, unless circumstances change or they take an inordinate amount of time over this - I'd leave them to it.
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Re: Fence inside my boundary

Postby wengren » Wed Apr 19, 2017 7:15 pm

The neighbours over the back have told council that they can't take the fence down and put it along the boundary because when we take the tree down it will damage the fence
By the way the tree is right next to the boundary. They are only saying this because they don't want us to remove the tree . that's why they move the fence
So the tree was in their garden instead of mine
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Re: Fence inside my boundary

Postby wengren » Wed Apr 19, 2017 11:29 pm

What will happen if i take the fence down because I've had enough of this now.
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Neighbours fence in my garden

Postby wengren » Thu Apr 20, 2017 1:03 am

Before I moved in the neighbour moved the fence.because they wamted the big cherry tree to be in their garden so now the fence is my side of the boundary and the tree and the rest of my garden is over the fence. Can i take fence down as it's in my garden.
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Re: Neighbours fence in my garden

Postby Collaborate » Thu Apr 20, 2017 1:15 am

Opening multiple threads on the same subject will only cause annoyance.
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Re: Fence inside my boundary

Postby mr sheen » Thu Apr 20, 2017 7:54 am

The fence is the property of the neighbour unless a court rules otherwise. If you damage any property belonging to someone else, that person can contact the police who may arrest you and charge you for criminal damage which is a criminal offence.

So what could happen....you could end up with a criminal record and a fine or other punishment.

Since you indicate that this is a council house, I assume it is rented and hence you do not own the property in which you live, then you cannot even claim to own the land on which the fence stands.

Your argument is with your landlord IF the property and your lease includes all the land you are complaining about. You are paying rent for the property and the details of the 'property ' which will be defined in your lease. Check if the garden is included in what you are paying for and the garden includes the section where the fence is. If so, write to the council and complain that you are not able to fully enjoy the property that you are paying rent for and get them to deal with it. If the garden is not defined clearly, you will have to hope that the council will pursue it but it wil be up to them since they own the land.

If you do not OWN the land on which the fence stands, you would be mad to remove it since you are not even directly involved in the civil case which would be between the land owner ie the council and the alleged trespasser.

You can sit back leave all well alone and leave the 2 landowners to it.
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Re: Fence inside my boundary

Postby arborlad » Thu Apr 20, 2017 8:53 am

wengren wrote:The neighbours over the back have told council that they can't take the fence down and put it along the boundary because when we take the tree down it will damage the fence
By the way the tree is right next to the boundary. They are only saying this because they don't want us to remove the tree . that's why they move the fence
So the tree was in their garden instead of mine




What type of fence is it, how long is it?

What type of fence was there previously, any remains of it?

Apart from the tree, are there any paths or similar on your property that the fence has enclosed?

Was there any discussion about the tree prior to the erection of the fence?
Last edited by arborlad on Thu Apr 20, 2017 9:27 am, edited 1 time in total.
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Re: Neighbours fence in my garden

Postby despair » Thu Apr 20, 2017 9:00 am

if you are 200% sure the fence is incorrectly sited take it down and re instate it correctly
take photos get witnesses etc
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Re: Fence inside my boundary

Postby arborlad » Thu Apr 20, 2017 9:15 am

wengren wrote:Before I moved in the neighbour moved the fence.because they wamted the big cherry tree to be in their garden so now the fence is my side of the boundary and the tree and the rest of my garden is over the fence. Can i take fence down as it's in my garden.




You should've mentioned this before, it could be significant.

Not helpful to have more than one thread.............
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Re: Neighbours fence in my garden

Postby MacadamB53 » Thu Apr 20, 2017 9:56 am

despair wrote:if you are 200% sure the fence is incorrectly sited take it down and re instate it correctly
take photos get witnesses etc
only do this if you own the property - ie not if your a tenant - otherwise you're at a great risk of being visited by the police.
and, if you are the landowner, I'd advise you only take such action after you've asked them to remove it and given them a reasonable amount of time to take action themselves.
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Re: Neighbours fence in my garden

Postby wengren » Thu Apr 20, 2017 10:12 am

Im council but the council won't do anything. Say I take it down and don't damage the fence. What can police do if they are called ?
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