Fence boundary dispute

Re: Fence boundary dispute

Postby MacadamB53 » Thu May 15, 2014 10:25 am

Hi CC,

this is where you stop makin sense to me.

so far:

he is saying the current position of the fence is wrong
who moved it?
we moved it
why?
because he asked us to

can you answer:

as net result the new line gives him a little more land overall.
but have you taken some of what was 'his' land?


Kind regards, Mac
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Re: Fence boundary dispute

Postby Hugh Jaleak » Thu May 15, 2014 10:31 am

I would simply record the current position of the fence for your benefit (in case it is later removed by others), then write to the complainant and tell him if he still wishes to challenge the position, it is up to him to provide some credible evidence as to why the fence is in the wrong position, and where he thinks it should be.... He needs to either put up or shut up, as you are happy with the current position and point out that you have actually fenced the land to his advantage!

Enjoy the Summer and let him waste his time worrying about the fence position! :wink:
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Re: Fence boundary dispute

Postby MacadamB53 » Thu May 15, 2014 10:41 am

Hi Hugh,

point out that you have actually fenced the land to his advantage!

maybe in area but maybe not so in what land it is.

the effect of the "straightening" might have seen the depth of the neighbour's flowerbeds near his house halved and a ever-so-slightly larger area of neglected, weed-ridden ground appear near the bottom of his garden.

Kind regards, Mac
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Re: Fence boundary dispute

Postby Hugh Jaleak » Thu May 15, 2014 11:09 am

Mac, the OP has stated in their first post that the neighbour has proposed they either lower or remove the fence, which leads the OP to believe his issue is not with the position. From subsequent posts he doesn't have an issue with the position, merely the height. He shook the OP's husband's hand and 'agreed it was straight and there was no longer any issue'. If it was that far out from the correct position then why isn't he demanding it's removal and relocation? (I get the impression the neighbour may be at right angles to the OP and the bottom of his garden abuts the side of the OP's garden at the bottom.)

If I was the OP I would be telling him that they've spent good money on this fence, he did not challenge the position at the time, (and still doesn't appear to be challenging the position, only the height... :? ), and unless he can provide solid evidence to back any claims regarding height or position, the fence is staying put. I see no reason to complicate matters further at the present time! :shock:
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Re: Fence boundary dispute

Postby MacadamB53 » Thu May 15, 2014 11:21 am

Hi Hugh,

you make good sense to me and I would endorse your recommendations except:

he is saying the current position of the fence is wrong

this contradicts you.

Kind regards, Mac
PS (the OP mentions four parties in the opening post - themselves, their predecessor, neighbour C, neighbour D - and I am struggling to unravel their story)
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Re: Fence boundary dispute

Postby Hugh Jaleak » Thu May 15, 2014 11:25 am

he is saying the current position of the fence is wrong


Then as per my post above, he needs to provide some credible evidence as to where he thinks the fence should be! Meanwhile I am sure the OP has better things to do and would like to enjoy their home and garden without worrying about a neighbour not liking the height/position of this fence.
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Re: Fence boundary dispute

Postby cobdale » Thu May 15, 2014 11:58 am

he could only sue you,if there was something to sue you for,I would ent reply to him ,but if you do only write the once ,don't get into correspondence with him ,and keep any letters he writes to you ,and if you do write ask him how far he would like the fence lowered and why? then just blank him after that
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Re: Fence boundary dispute

Postby Confused.com » Thu May 15, 2014 12:10 pm

MacadamB53 wrote:PS (the OP mentions four parties in the opening post - themselves, their predecessor, neighbour C, neighbour D - and I am struggling to unravel their story)


ok, forget neighbour C. The only relevance they had was that the fence between them and I had come down and because they offered to pay half we decided to renew the entire fence.

MacadamB53 wrote:as net result the new line gives him a little more land overall.
but have you taken some of what was 'his' land?

I have not taken 'his' land. He is argueing that when the fence was erected 10 years ago, it was not in the correct place. He is saying the fence was always over his land. When we renewed the fence we straightened it and he gained land. We lost land. I guess he's saying it wasn't straightened enough and therefore we still have some of this land.

I have taken photos of the fence just in case.

Hugh Jaleak wrote:Enjoy the Summer and let him waste his time worrying about the fence position! :wink:

Thanks Hugh, I will try!
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Re: Fence boundary dispute

Postby Confused.com » Thu May 15, 2014 12:13 pm

cobdale wrote: ask him how far he would like the fence lowered and why? then just blank him after that

In his letter he actually wrote that a lower fence encourages neighbourly intercourse :lol: I think he means interaction?
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Re: Fence boundary dispute

Postby Hugh Jaleak » Thu May 15, 2014 12:50 pm

Lets hope his choice of words was a mistake, and he's not a Peeping Tom..... I could understand if he wanted the fence moved, it's his request to lower it that worries me, it is unusual. Unless there's some picturesque view the other side of your garden you've neglected to mention and you're blocking his view? Even that in itself is a non starter for him, no-one has the right to a view. :!:
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Re: Fence boundary dispute

Postby cobdale » Thu May 15, 2014 1:13 pm

by the sound of him he knew what he was saying lol :roll:
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Re: Fence boundary dispute

Postby MacadamB53 » Thu May 15, 2014 2:24 pm

Hi CC,

I think I get it now.

Some time ago someone (your predecessor?) erected a fence in the wrong place (according to your neighbour - he being there at the time) and the fence was taller than the neighbour would have preferred (was he asked and ignored? we don't know and it doesn't matter now).

You've come along and told him you're replacing the fence.
He's thought "finally!" and told you about the error made way back, and asked you to consider erecting your new fence along the correct line.

You take his request on board and have a damn good stab at trying to realign the boundary, only you don't quite hit the mark (do we know why? - what process was followed?) and (I'm guessing) you didn't ask him about the height - bit of an oversight, but not intentional.

Kind regards, Mac
PS 'intercourse' means 'interaction', so what is wrong?
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Re: Fence boundary dispute

Postby cobdale » Thu May 15, 2014 3:26 pm

well Mac if I asked to meet you for an interaction you might be intrigued about what I wanted to interact about,if I wanted to meet you for intercourse,you might ring the police :D
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Re: Fence boundary dispute

Postby MacadamB53 » Thu May 15, 2014 3:45 pm

cobdale wrote:well Mac if I asked to meet you for an interaction you might be intrigued about what I wanted to interact about,if I wanted to meet you for intercourse,you might ring the police :D

:shock: indeed

a lower fence encourages neighbourly intercourse

despite what you guys are implying, he did not write: 'a lower fence encourages intercourse'

(if he didn't mean 'intercourse' I'll hazard he meant 'discourse' instead of 'interaction' - just got his prefix wrong is all.

Kind regards, Mac
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Re: Fence boundary dispute

Postby COGGY » Thu May 15, 2014 7:16 pm

Hi

It is your fence. You are happy with it. The neighbour has no grounds to sue you if you have actually given him land. Enjoy the sun and forget the neighbour. He sounds as though he has the potential to be rather difficult, so be thankful that you have the higher fence.

Kind regards
Coggy
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