Neighbour removed & replaced our fence without permission

Neighbour removed & replaced our fence without permission

Postby jh321 » Wed Jul 09, 2014 12:35 pm

I've just returned home to discover our side neighbour has totally removed and replaced our fence all along our adjoinging sides. I know that the fence was ours, and on our property (from deeds), and he has done this without informing us or any discussion. If he had contacted us to let us know his intentions then we would have reminded him that it was our fence and on our land. The fence looks quite nice, although we wouldn't have picked it as it doesn't match our other fences that we also own/have responsibility for, but I wonder if there are any other ramifications, or things I should worry about. Certainly he shouldn't have done this, but do I just acccept it!? eg the fence was ours and on our land, will he now assume it's his fence as he paid for it and on his land. What happens in the future when it needs repairing. etc?! Any help or advice would be much appreciated!
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Re: Neighbour removed & replaced our fence without permissio

Postby span » Wed Jul 09, 2014 1:40 pm

Report theft to plod
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Re: Neighbour removed & replaced our fence without permissio

Postby MacadamB53 » Wed Jul 09, 2014 3:10 pm

Hi jh321,

I know that the fence was ours, and on our property (from deeds)

I'm afraid all your "deeds" can tell you - if they contain some relevant wording - is that a fence was supposed to be erected on your land when it was first sold off.

how long ago was that?

judging by your comment above, I'm guessing you didn't erect the old fence since moving in or establish ownership before you bought the property?

how do you know your neighbour or his predecessor didn't erect the fence that has just been removed?

you say it was on your land - what are you basing that on?

Kind regards, Mac
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Re: Neighbour removed & replaced our fence without permissio

Postby arborlad » Wed Jul 09, 2014 3:14 pm

arborlad

smile...it confuses people
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Re: Neighbour removed & replaced our fence without permissio

Postby jh321 » Wed Jul 09, 2014 4:00 pm

Hi Mac, actually we did put the fence there, I was just trying to summarize the salient points by referring to deeds i.e. that I was confident that it is our fence. The neighbour also agrees it is our fence on our land, that's why it's so surprising that they went ahead without informing us, so there isn't a debate about that, more as to what we do about it now.

Re the other link posted by arborlad, that isn't related to this.

Thanks for any advice!
jh321
 
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Re: Neighbour removed & replaced our fence without permissio

Postby MacadamB53 » Wed Jul 09, 2014 6:41 pm

Hi jh321,

actually we did put the fence there

not a criticism, but it's odd you thought this wasn't worth mentioning.

do I just acccept it!?

that's up to you

will he now assume it's his fence as he paid for it and on his land.

if it's on his land then it is his fence - no need to "assume" anything. is it on his land?

What happens in the future when it needs repairing. etc?

what do you mean by "What happens"? - ie if it needs repairing then "what happens" is it either gets repaired, gets replaced or gets left...

Kind regards, Mac
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Re: Neighbour removed & replaced our fence without permissio

Postby jh321 » Wed Jul 09, 2014 7:08 pm

Hi Mac

Sorry, perhaps I'm misunderstanding things (and any omissions are purely due to my newness to this forum and how it works, so I apologise again). But my question was basically should I worry about it, do something, or just accept it. I've come home to find he's done this, he has agreed it was our fence, and that it was on our land, and I was just looking for advice as to whether I should just accept he's removed our fence, disposed of it, and replaced it with his own fence (and put it on our land, not on his side), or if there is a ramifaction that I don't know that I should be concerned about. Thanks!
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Re: Neighbour removed & replaced our fence without permissio

Postby MacadamB53 » Wed Jul 09, 2014 9:35 pm

Hi jh321,

he's removed our fence, disposed of it, and replaced it with his own fence (and put it on our land, not on his side)

we now have a more accurate description of the situation - third time lucky ;)

1. do you want to see him prosecuted for theft?
2. do you want to pursue him for damages?
3. do you want to keep your new fence?

Kind regards, Mac
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Re: Neighbour removed & replaced our fence without permissio

Postby jh321 » Thu Jul 10, 2014 11:06 am

Hi Mac

They are our neighbours so we would obviously prefer to keep things amicable. My question was therefore if we just accepted what they had done would there be any ramifications down the line? I was hoping someone might warn me if there were (this is all very new to me), and then we could decide if we needed to do something about it, or someone could put my mind at rest that there are no potential problems.
Many thanks!
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Re: Neighbour removed & replaced our fence without permissio

Postby MacadamB53 » Thu Jul 10, 2014 12:21 pm

Hi jh321,

if you don't do 1 and/or 2 and do do 3 then the very obvious ramifications are his unlawful acts will go unpunished and he'll think it is his fence...

as a neighbourly compromise - send him a card explaining how upset and perplexed his unlawfulness has made you, but that you don't intend on reporting the theft to the police or pursuing him for damages for the loss of your fence. then inform him that you will not bear a grudge and if he wants to do anything with your new fence - paint it, treat it, attach things to it, grow plants up it, pile or lean things against it - then all he has to do is ask and you will consider each request on its own merit. warn him that failure to ask permission before interfering with somebody else's property is unlawful and if he tampers with your fence in any way without your permission you will take legal action.

Kind regards, Mac
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Re: Neighbour removed & replaced our fence without permissio

Postby span » Thu Jul 10, 2014 1:51 pm

Sorry, my first answer to was incomplete.

Report theft to plod, sit back & enjoy fireworks.
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Re: Neighbour removed & replaced our fence without permissio

Postby jh321 » Fri Jul 11, 2014 7:27 pm

Thank you for the advice! I shall try the neighbourly subtle approach and hope it works…. although it's always a worry that they removed our fence in the first place! Thank you...
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Re: Neighbour removed & replaced our fence without permissio

Postby jh321 » Sat Jul 19, 2014 10:36 am

Sorry to come back with a follow up question… but I'm hoping someone can help. I think we are finding an amicable solution to what has happened, however I've also now realised that the first fence post that they put in is right up against the trunk of one of our trees that sits on our land at the boundary. They have placed the fence post in concrete. I think it might have been best for this post to have been placed at a safe distance from the tree. What do you think? In particular as it is in concrete, and as we didn't place it I've no idea if any damage was done to roots in making the large hole.

There was a wooden post there before but in a different position at the trunk, so rather than remove and replace what was there previously, they have made an additional hole for the post. I understand that they did this as they felt the original post had been moved by the tree as it had grown over the last 20 years, and had 'pushed' onto their land, so they wanted to reinstate the line. If so it can only have been an inch.

Ownership of the tree is ours as on our land, and I believe if their actions caused the tree to die then we would have a claim, but my desire is to not lose the tree - (not have to claim damages should it die), as it's a beautiful tree. Do you think this second hole, and post in concrete, so close could be a problem? Any thoughts much appreciated… thanks!
jh321
 
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Re: Neighbour removed & replaced our fence without permissio

Postby MacadamB53 » Sat Jul 19, 2014 11:16 am

Hi jh321,

Do you think this second hole, and post in concrete, so close could be a problem?

might, might not - can't see the hole, can't see the post, can't see the fence, can't see the tree...

IMHO if you want anything resembling a meaningful response we're going to need to see more detail.

Kind regards, Mac
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