Neighbours fence in my garden

Re: Fence inside my boundary

Postby mr sheen » Fri Apr 21, 2017 7:26 am

Collaborate wrote:
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.


The analogy above depends upon whether the trespasser in the kitchen just arrives one morning during the course of one's tenancy or is already there when you move in. In this specific case, the analogy is that the 'trespasser' is already present as a 'squatter' before the OP moved in. And looking at that solid and aged concrete post fence one can further expand the analogy that the squatter has his furniture and clothes in place and is found cooking breakfast on his stove for his family! Hence one cannot just throw him out. One would have to go back to the landlord and get the landlord to sort it out before moving in. The renter has no idea whether the squatter has any legal rights. This is the analogy with this fence.....it predates the OPs occupation.

We have no idea by how long it predates the tenancy; we have no idea if there is a dispute in progress with the council or at what point that dispute is currently at; we have no idea if the council have conceded that the fence has the right to or can remain. Hence to suggest that a tenant removes a concrete post fence that was in situ where it currently is when his tenancy began is advice that could result in arrest and why posters have advised that the fence should not be removed and that this matter needs to be left to the council.

I am amazed that posters are advising the OP to physically remove that concrete post fence without any formal authority to do so. Although if he takes that advice and removes the fence, the police and the Judge will have a good laugh when his defence is .....'Collaborate and Despair on Gardenlaw told me I could remove it'
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Re: Fence inside my boundary

Postby Collaborate » Fri Apr 21, 2017 8:05 am

Please enlighten me by pointing out where I have advised the OP to move the fence. I must have missed it.

It is trite to say that the person in immediate occupation of property is the one entitled to enforce their right to sole possession. I was challenging your assertion that because she is a tenant she can't do anything.

When it comes to whether or not she should do anything, that is an entirely different matter. She should leave it for the LA to sort out.
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Re: Fence inside my boundary

Postby arborlad » Fri Apr 21, 2017 8:10 am

wengren wrote:http://www.gardenlaw.co.uk/phpBB2/download/file.php?mode=view&id=771




There is a wall to the left of that raised bed, is there any of it behind the fence?

None of your other photos are working..........
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Re: Fence inside my boundary

Postby arborlad » Fri Apr 21, 2017 8:55 am

mr sheen wrote:The fence is the property of the neighbour...........




No, the fence is the property of whoevers land it is attached to. He may claim it to be his fence on his land and you may support him in that view, but it wont make it so.





mr sheen wrote:Therefore obtaining details of composition of fence etc seems pointless




Asking question which might lead to establishing who that landowner might be, seems to be far from a pointless exercise.
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Re: Fence inside my boundary

Postby mr sheen » Fri Apr 21, 2017 9:17 am

If a landowner asserts that a fence is on his land, then the fence erector and the landowner are in dispute over ownership, but until resolution of the dispute, the owner of the fence cannot be determined by posters on Gardenlaw.

The OP is not the Landowner and Therefore we know that the fence is not 'owned' by the OP.
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Re: Fence inside my boundary

Postby MacadamB53 » Fri Apr 21, 2017 9:25 am

Hi wengren,

you mention that you intend on removing the tree - are you certain your landlord hasn't inserted a clause in your tenancy agreement which prevents you from taking such action without consent? (many councils do not allow their tenants to even prune a tree let alone fell it).

Kind regards, Mac
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Re: Fence inside my boundary

Postby arborlad » Fri Apr 21, 2017 12:08 pm

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.




Can you give details of what you believe to be 'over' the fence?
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Re: Fence inside my boundary

Postby wengren » Fri Apr 21, 2017 4:19 pm

Update on situation
.Council have now informed me that when i signed the tenancy agreement .i signed for the present boundary .so what they are saying is the council land and the tree over the fence is the neibours and not mine. Until council get back the piece of land. the neighbours over the back planted the tree on council land. And
Took control of the land and moved the fence so all this needs to be put right by the council. I'm not allowed to touch fence.got over the fence or touch the tree
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Re: Fence inside my boundary

Postby wengren » Fri Apr 21, 2017 4:30 pm

Over the fence is a 3 half foot wide strip of council land from my garden and a big cherry tree which was planted my neighbour over the back before boundary was moved fence got moved 4 years ago just before i moved in. The wall at the side is just spare rocks we have placed in garden when we done the garden up
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Re: Neighbours fence in my garden

Postby mr sheen » Fri Apr 21, 2017 7:50 pm

The land owner ie The Council has clarified that As per your signed lease, neither the fence, nor the tree, nor any of the land beyond the fence is included in your lease. Time to Enjoy the property you are renting rather than bothering about land you are not.

Perhaps posters who are quick to suggest that fences can be removed by tenants will reflect upon the consequences for this OP had he physically taken down the fence of the neighbour.....arrest, charge of criminal damage, and to seal his fate...his landlord presents signed lease indicating that said fence and the land beyond it were never part of the lease.
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Re: Neighbours fence in my garden

Postby Collaborate » Fri Apr 21, 2017 11:22 pm

mr sheen wrote:The land owner ie The Council has clarified that As per your signed lease, neither the fence, nor the tree, nor any of the land beyond the fence is included in your lease. Time to Enjoy the property you are renting rather than bothering about land you are not.

Perhaps posters who are quick to suggest that fences can be removed by tenants will reflect upon the consequences for this OP had he physically taken down the fence of the neighbour.....arrest, charge of criminal damage, and to seal his fate...his landlord presents signed lease indicating that said fence and the land beyond it were never part of the lease.


Cheap shot.

Nothing in the advice I gave to OP was incorrect. Your claim that as tenant she wasn't entitled to take practical steps to ensure possession of the fullest extent of her rented estate was utter nonsense, and you know it.
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Re: Neighbours fence in my garden

Postby wengren » Sat Apr 22, 2017 10:16 am

Say the neighbours over back take the fence down. Who would own the tree then.? Who will be responsible for it then?
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Re: Fence inside my boundary

Postby arborlad » Sat Apr 22, 2017 2:04 pm

wengren wrote:Over the fence is a 3 half foot wide strip of council land from my garden and a big cherry tree which was planted my neighbour over the back before boundary was moved fence got moved 4 years ago just before i moved in. The wall at the side is just spare rocks we have placed in garden when we done the garden up




It would have been useful to know at the outset that you moved in 4 years ago, rather than more recently. As more details are emerging it's looking less likely that there are any remedies for you.

What is your interest in this tree?.............by your own admission it was planted on land that you've never had an interest in and is a lot older than 4 years, in the normal course of events, whether as owner or occupier you would be entitled to cut the tree back to where it enters your land, in these circumstances though I wouldn't do anything without the permission/knowledge of the Council.

Are you attempting to buy your house from the council?.............did you know the previous occupants of your house?
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Re: Neighbours fence in my garden

Postby mr sheen » Sat Apr 22, 2017 2:55 pm

wengren wrote:Say the neighbours over back take the fence down. Who would own the tree then.? Who will be responsible for it then?


Not you.
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Re: Neighbours fence in my garden

Postby wengren » Sat Apr 22, 2017 3:08 pm

I do know the last tenants in my house. The tree is the problem because it's pushing the fence down. If the neighbours take down the fence and replace it where the boundary is then the tree will push fence down their side.
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