Fence being forced into my gardn

Fence being forced into my gardn

Postby johnblue » Thu May 15, 2014 5:50 pm

My neighbour's fence posts are rotting, and his approach to 'fixing' the problem has been to install a few posts on his side, alongside the old posts. Nice idea, except the they have been put in (really) crooked, the result being that his fence is now (permanently) leaning into my garden and I can't push it back because his non-vertical support posts are so firmly installed. Where he hasn't installed supports, the old rotting posts are collapsing, and the panels attached to them are falling on my trees. The obvious answer is 'push it back'- but like I said, that's impossible the way he's set the posts.

I fail to see why I should have to prop up his fence on my side, just to stop it damaging my trees, or even falling onto us. All attempts so far to get some proper repair (including me offering to help do the job properly) have been ignored. We're dealing with a long term difficult relationship here, so I'm not hopeful anything will be done willingly.

Not sure if the council has a role, or what my legal position is. I know I can't force him to maintain the fence, but surely he can't just angle it into us and be happy for it to collapse onto our side. Well, you never know...:-)

Any ideas?
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Re: Fence being forced into my gardn

Postby MacadamB53 » Thu May 15, 2014 9:37 pm

Hi jb,

The obvious answer is 'push it back'

I'd say the obvious answer it to properly replace/repair the fence.

Not sure if the council has a role

are either properties owned by the council?

or what my legal position is

he's technically trespassing into your airspace, but I doubt by much?

If it were me I'd suggest for both our sakes it might be best if I take the old fence down and put a new one up on my side of the boundary - one that meets both our needs, because if things stay as they are and you continue to abdicate responsibility I will be left with little choice but to take you to court to seek damages when the old fence eventually and inevitably causes damage to my property that no one could argue wasn't foreseeable. Let's not go anywhere near that situation though.

Kind regards, Mac
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Re: Fence being forced into my gardn

Postby johnblue » Fri May 16, 2014 1:01 pm

Mac, thanks for that input.

Neither property owned by council, I was really wondering if the a council had a 'fence equivalent' of their High Hedge team! (By the way, after four years of trying to get the neighbour to trim his conifers I had to resort to the High Hedge team, successfully but of course at my cost. I mention that to illustrate what mentality I'm dealing with here)

I agree the sensible thing is to properly repair and replace - i even made the offer to do the work, or help them. No response. I'm reluctant to get into legal expense, but at the end of the day, you can only tolerate people 'taking liberties' to a certain point! :-)

Thanks again, J
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Re: Fence being forced into my gardn

Postby MacadamB53 » Fri May 16, 2014 2:50 pm

Hi J,

I was really wondering if the a council had a 'fence equivalent' of their High Hedge team

no they do not.
they can enforce against a breach of planning if a +2m fence has been erected with approval - only for the first four years from when the fence goes up (+1m if it's adjoining a highway).
they can enforce against a breach of building regs if a structure (including fences) is in such a condition that it is, or there is a high risk it will soon be, a danger to your health and safety

I do not think they can help you.

All my non-expert, unqualified understanding.

Kind regards and all the best, Mac
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