Neighbours fence in my garden

Re: Neighbours fence in my garden

Postby arborlad » Thu Apr 20, 2017 10:15 am

MacadamB53 wrote:
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.




Do neither of you read other threads?? :roll:
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Re: Fence inside my boundary

Postby mr sheen » Thu Apr 20, 2017 10:17 am

Info relating to this is scattered in different posts.

Key points in this matter include
Fence erected in current position prior to occupation by OP
Property appears to be owned by Council not OP

Therefore obtaining details of composition of fence etc seems pointless
Anyone offering advice /comment to OP needs to be aware that OP may not own any part of disputed land and also that the disputed fence was already in situ prior to occupation.
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Re: Neighbours fence in my garden

Postby MacadamB53 » Thu Apr 20, 2017 10:18 am

arborlad wrote:
MacadamB53 wrote:
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.




Do neither of you read other threads?? :roll:
yes I know there's another thread - what of it?
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Re: Fence inside my boundary

Postby MacadamB53 » Thu Apr 20, 2017 10:51 am

wengren wrote:What will happen if i take the fence down because I've had enough of this now.
had enough of what?!?!?
if you've got clear evidence your landlord granted you use of some of his land which is on the other side of the new fence then your landlord is acting unreasonably by not getting the fence removed.
but they are getting the fence removed - just not as quickly as you'd prefer - so just stay on at them.

Kind regards, Mac
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Re: Fence inside my boundary

Postby wengren » Thu Apr 20, 2017 10:58 am

Now council are saying they are getting someone out to look at tree and see what needs doing with the tree. Every though the council won't take tree down we will .its just going round in circles because the neighbours won't take the fence down
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Re: Neighbours fence in my garden

Postby wengren » Thu Apr 20, 2017 11:15 am

I know I've got 2 posts but I don't know how to delete this one
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Re: Neighbours fence in my garden

Postby arborlad » Thu Apr 20, 2017 11:16 am

MacadamB53 wrote:
arborlad wrote:
MacadamB53 wrote:if you are 200% sure the fence is incorrectly sited take it down and re instate it correctly
take photos get witnesses etconly 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.




Do neither of you read other threads?? :roll:
yes I know there's another thread - what of it?




.............if I have to explain, you wont understand.............
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Re: Neighbours fence in my garden

Postby MacadamB53 » Thu Apr 20, 2017 12:02 pm

arborlad wrote:...if I have to explain, you wont understand...
is that a wind-up to counter my wind-up or do you really bite that easily? :D
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Re: Neighbours fence in my garden

Postby arborlad » Thu Apr 20, 2017 12:32 pm

wengren wrote:I know I've got 2 posts but I don't know how to delete this one




You need to ask a Moderator to merge them.
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Re: Fence inside my boundary

Postby wengren » Thu Apr 20, 2017 1:17 pm

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Re: Neighbours fence in my garden

Postby wengren » Thu Apr 20, 2017 1:24 pm

file:///C:/Users/wendy/Pictures/2017-04-20%20new%20pictures/new%20pictures%20265.jpg
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Re: Fence inside my boundary

Postby wengren » Thu Apr 20, 2017 1:37 pm

file:///C:/Users/wendy/Pictures/2017-04-20%20new%20pictures/new%20pictures%20265.jpg
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Re: Fence inside my boundary

Postby wengren » Thu Apr 20, 2017 1:49 pm

fence should be other side of tree
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Re: Fence inside my boundary

Postby Collaborate » Thu Apr 20, 2017 6:35 pm

I'd leave it to the council if I were you.

Yes, you are entitled to full use of your garden.

It's irrelevant that you're a tenant - a trespass is a trespass and you are entitled to remove anything from your property. I don't understand why previous posters have said you're not. Would you ring the council to get them to remove a trespasser sitting in your kitchen? No. Same with a fence.

However, that fence looks old - possibly over 12 years, which might mean they have obtained adverse possession over the enclosed part of the garden. As you are renting I would just let the council sort it out for you.
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Re: Neighbours fence in my garden

Postby despair » Thu Apr 20, 2017 7:14 pm

moving a fence with concrete posts is no easy task
you can be sure the neighbour at the back wanted to ensure no one touched their fence or land grab
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