another fence and boundary issue

another fence and boundary issue

Postby wainstones » Thu Mar 17, 2005 11:23 pm

Title deeds show the fence between my neighbour’s house and my own as being of joint responsibility. Last summer, my neighbour informed me that he intended to replace the fence with one of a much stronger (concrete post) construction that would cost £600. We discussed the matter and, given the reasonable condition of the existing fence, I explained in writing that I considered replacement unnecessary and that I was therefore not prepared to contribute towards the cost; however, I stated that my neighbour could replace the fence at his own cost on the condition that he gave written confirmation that equal rights/responsibilities were retained.

In the strong winds of January this year, 2 panels and one post of the same fence were damaged due to tree movement and a flying wheelie bin – both of which belong to this same neighbour. I asked in writing for the neighbour to arrange appropriate repair but received no reply. However, earlier this week contractors arrived and had removed 2 serviceable fence posts and one serviceable panel before I had the chance to ask what was going on. They informed me that they had been instructed to install 4 new panels c/w concrete posts as directed by my neighbour.

I was concerned that this replacement was not like-for-like, was clearly not just due to weather damage and that no agreement had been reached on it's ownership status so asked for all work to stop until proper agreement had been reached. My neighbour’s reaction was simply to order installation of the new fence 3 inches to his side of the boundary! Thus, the majority of our joint boundary fence is still missing.

Whilst I understand my neighbour’s wish to install this stronger fence, I am concerned that he has acted without my agreement and the original, jointly owned, fence should have been restored to its original state. I have therefore written to my neighbour informing him that he is to arrange for urgent replacement of the fence items that were deliberately removed; he is then to pay an appropriate share towards the cost of replacing the remaining fence that was damaged in January. I have given him 7 days in which to inform me of his action; however, expecting to hear nothing, I have made an appointment to speak with a solicitor next week. I am prepared to be reasonable over shared costs of the naturally damaged panels, providing the neighbour agrees to a short-term plan for their replacement, but for the items deliberately removed I feel that I must stand my ground. Am I being unreasonable here? Am I right to dig in my heels or do I stand to be found at fault somewhere along the line?
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Postby despair » Fri Mar 18, 2005 12:08 am

If you want all out war with your neighbour and costly neighbour dispute on your hands go ahead

Since the neighbour has put his fence 3 inches his side of the boundary its no longer a shared fence its his

I suggest you simply replace the few missing posts and panels butted up against his fence on the boundary line ...........its a fairly easy job and hardly that expensive

Certainly better than running up solicitors bills

Of course it would have been better if you had both been able to reach an amicable agreement originally but some neighbours are simply unapproachable
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another boundary and fence issue

Postby wainstones » Fri Mar 18, 2005 10:08 pm

Despair,

Naturally I realize that the cheap thing to do is just replace the panels myself but that really isn't the point. At the end of my original post I stated that I felt the need to stand my ground; by paying to replace posts and a panel that my neighbour felt he could just destroy is hardly doing that is it? Of couse it would probably be cheaper than getting a solicitor to write and state the case but when you face neighbours like mine - where do they stop?

You clearly think that I am wrong to stand my ground; that I should let it pass and just pay for the fence myself. Any other views out there?
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Postby amboringbutcultural » Sat Mar 19, 2005 12:07 am

I have to agree with previous poster. :)
Can't see the wood for the trees.
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Postby syckend » Sat Mar 19, 2005 12:18 am

Save yourself a lot of money and worry. You cannot force your neighbour to do anything more. Judges don't like boundary disputes - you will get nowhere if the neighbour completes the fence on his land. Just secure your boundary and plant some pretty bushes in front. Seriously - it's not worth it.
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Postby despair » Sat Mar 19, 2005 2:00 am

Can assure you i know all there is to know about neighbours like yours and then some

Difficult, obstinate ,downright evil does not begin to describe
Solicitors letters acheive nothing ..............

Just plant what you like and let him get on with it

totally ignore him .......send him to coventry pass him in the street

do not bat an eyelid ........that will frustrate the hell out of him

He is not worth bothering with and certainly not for a couple of fence panels
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another fence and boundary issue

Postby wainstones » Sat Mar 19, 2005 1:30 pm

Thanks to all.

I read what you say and you all appear to have some real experience of this kind of thing. Time to just move on and at least retain the moral high ground within our neighbourhood.

Wainstones.
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Postby David » Sun Mar 20, 2005 2:34 pm

despair wrote:Can assure you i know all there is to know about neighbours like yours and then some
totally ignore him .......send him to coventry pass him in the street


whilst I agree with everthing that you have said and "ignoring" is the best thing...May I ask that you do not suggest sending them to Coventry as I live here and have enough problems of my own without importing anymore NFH's.
David
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Postby Maverick.uk » Sun Mar 20, 2005 4:11 pm


whilst I agree with everthing that you have said and "ignoring" is the best thing...May I ask that you do not suggest sending them to Coventry as I live here and have enough problems of my own without importing anymore NFH's.
David


David

I should think you have thousand of them there !!! :)

Cheers

Mav
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