Neighbours rotten fence leaning against ours

Neighbours rotten fence leaning against ours

Postby Geoman » Fri Jun 06, 2014 3:49 pm

I have written at length about our NFH, especially over on the NFH forums. Basically we now up to 4 years of harassment and nuisance with a harassment warning issued a couple of years ago.

The elderly gentleman is impossible to communicate with and does anything from stamping his feet shouting 'La la la la' etc. to clucking like a chicken in order to prevent any discussion.

The vast majority of his actions are now ignored but there is a problem that we need to address.

We have a 2m fence on our own property (recently replaced) and the neighbour has his own fence, on his property, in a state of disrepair and in danger of falling down. There is a clear risen boundary marker between paving stones so the boundary is not in question.

The neighbour at one point had his fence attached to his house with string. When we installed new fencing the neighbour removed the string and allowed his fence to lean against ours. Since then he has been leaning heavy objects against his fence in an apparrent attempt to damage ours. This includes a large paving slab, some sort of large metal frame, very thick and heavy planks of wood etc. Obviously there is a limit to the burden our fence will carry and I assume it will eventually collapse.

I have contacted our home insurance legal helpline who would only suggest writing a letter giving him 14 days to correct the situation but were very vague against what action could be taken if he does not comply. The only advantage of doing this seems to be that once he is made aware in writing of the problem, it will be much easier to make a claim against him once our fence falls over.

I can not push his fence away from ours as the weight of the other objects prevents this.

I could just remove our panels and allow his fence to collapse but he will most likely just pick his fence up, wait for us to put ours up and then lean all his stuff against ours again so we are back to square one.

Is there something I'm missing here or is this just going to be a long and eventually costly process that is likely to cost more than simply replacing the fence.
Geoman
 
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Re: Neighbours rotten fence leaning against ours

Postby despair » Fri Jun 06, 2014 4:16 pm

Are your panels screwed to the posts ?

Because i would take a panel out and take photos then push his stuff back even if you have to get a friend to help you

do this enough times and he might get the message

You could also pin a notice that

Its ILLEGAL for a neighbour to

1) paint or stain your fence or wall

2) grown climbing plants or ivy up your fence or wall

3) pile soil or lean anything whatsoever against your wall or fence

4) attach anythining to your fence or wall

That all damage done by any of the above becomes the financial liability of the neighbour causing the damage and that you will not hesitate to take him to court to recover same
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Re: Neighbours rotten fence leaning against ours

Postby Geoman » Sat Jun 07, 2014 12:44 pm

The panels are only screwed in so would be easy to remove but there would then be a risk of the neighbours 2m fence plus everything leaning on it collapsing on me. Yes, I could then sue for damages but I don't really want to spend the weekend in hospital.

The problem is with 'normal' neighbours, it would be easy to have a quick chat and resolve things together. In this case, any attempt at communication would be met with abuse, silly noises and shouting.

Yes, it's illegal/criminal damage but any letter will probably be ignored, communication is impossible, the police probably will not want to know (from experience) and the neighbour will make up any story to avoid any responsibility (which the authorities will then believe).

It seems the simplest solution is just to write the letter, wait for damage to occur and then go to court.
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Re: Neighbours rotten fence leaning against ours

Postby MacadamB53 » Sat Jun 07, 2014 1:25 pm

Hi Geoman,

When we installed new fencing the neighbour removed the string and allowed his fence to lean against ours. Since then he has been leaning heavy objects against his fence in an apparrent attempt to damage ours. This includes a large paving slab, some sort of large metal frame, very thick and heavy planks of wood etc.

how long has it been since the fence went up?

Kind regards, Mac
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Re: Neighbours rotten fence leaning against ours

Postby despair » Sat Jun 07, 2014 4:44 pm

How old is this lunatic neighbour
does he not have family who can make him see reason

is it not possible to get some mates in to help push back all his rubbish as you unscrew the panel and make sure you have CCTV and a camcorder running to record his actions,aggression and stupid noises ///////////////that would prove to the police what your dealing with and expose his lies

there must be some way to solve this its a matter of being 5 steps ahead of him and exposing his lunacy

because as things stand he is likely to make your fence fall and injure you or your kids or grandkids etc so that needs to be in the letter as well
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Re: Neighbours rotten fence leaning against ours

Postby jonahinoz » Sun Jun 08, 2014 8:54 am

Hi,

In the BOUNDARIES section, there is a discussion titled "boundary issue getting a bit serious"., in which there was mention of the council's powers if topographical features are deemed to be dangerous.

If you report that the neighbour's clutter, leaning against your fence, IS dangerous, can they afford to ignore you? At the very least , they should go and have a look, which should concentrate your neighbour's mind ... or get the silly "clucker" sectioned.

John W
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Re: Neighbours rotten fence leaning against ours

Postby Geoman » Mon Jun 09, 2014 3:36 pm

Thanks jonahinoz for the info on the other thread. That's worth knowing and is probably worth a phone call.

I had an idea and tapped a small panel pin in to my fence in one of the places where the neighbour's fence is leaning with the thought that if there is a lot of pressure on my fence then the panel pin will slowly be pushed in. Apart from that I am taking pictures once a week which will show what is being added.

One of the problems is that this neighbour will do things to provoke a confrontation. Because a harassment warning is in place they are allowed no communication with us so the only way they can launch in to their abuse is to get us to initiate something. By ignoring most of what they do it frustrates them and prevents them from creating a confrontation. Sometimes doing nothing is the best option but there are limits.
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Re: Neighbours rotten fence leaning against ours

Postby MacadamB53 » Mon Jun 09, 2014 4:03 pm

MacadamB53 wrote:Hi Geoman,

When we installed new fencing the neighbour removed the string and allowed his fence to lean against ours. Since then he has been leaning heavy objects against his fence in an apparrent attempt to damage ours. This includes a large paving slab, some sort of large metal frame, very thick and heavy planks of wood etc.

how long has it been since the fence went up?

Kind regards, Mac

Hi Geoman,

how long has it been since the fence went up?
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Re: Neighbours rotten fence leaning against ours

Postby Geoman » Tue Jun 10, 2014 5:31 pm

Our fence went up earlier this year
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Re: Neighbours rotten fence leaning against ours

Postby MacadamB53 » Tue Jun 10, 2014 8:23 pm

Hi Geoman,

then his trespass is relatively recent and one could not accuse you of stirring things up after leaving it too long.

why not write:
to inform him you plan to carry out some general maintenance to your fence
you have noticed his items which will need to be moved
ask him to move them - giving him six days to do so - and explain they'll be moved anyway

if he moves them...

follow this up with a 'thank you' card and include a para setting out that if he wants to use your property in such a way ever again then he needs to ask you first (ditto painting it, treating it, attaching things, etc.) otherwise it is unlawful and you may begin legal proceedings.

if he doesn't move them...
get a couple of mates to help you remove your panels and as carefully as is practical allow his items to fall
if any fall onto your property then take them round or get a neutral gobetween to take them for you
then send a note setting out that if he wants to use your property in such a way ever again then he needs to ask you first (ditto painting it, treating it, attaching things, etc.) otherwise it is unlawful and you may begin legal proceedings.

All the best, Mac
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