Neighbour attaching plant ties & washing line to fencing

Re: Neighbour attaching plant ties & washing line to fencing

Postby despair » Wed Dec 10, 2014 11:48 pm

Sadly today theres too many people who likr your aunts neighbours think they can do what they like with other peoples property

garden fences seem to be in the firing line on that score

but like a lot of other things in life today

The responsible are punished or penalised or aggravated by the irresponsible
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Re: Neighbour attaching plant ties & washing line to fencing

Postby arsie » Thu Dec 11, 2014 1:01 am

The neighbour is selfish and doesn't care about your aunt's fence. My sympathies. I am 'old school' too.

In your shoes I would write (i.e. your aunt should) to explain about her fence. The post by Despair early on summed up the law. The neighbour's attitude over the tree and the damage and expense caused her in the past makes writing a letter a reasonable action, under the circumstances. But there is no 'canned' free letter on this subject: you will have to write one yourself or pay a solicitor £££s to do so.

I would point out that that the fence is not their property and it is not designed to support forces caused by what they may wish to attach - plant supports or a washing line, for example. In future, if the fence becomes damaged due to these unauthorised attachments, then she may seek to recover damages through the law.

I would also mention your plans to creosote the fence and need to agree when this can be carried out. They will have to remove any attachments to enable this to be carried out. If they get sticky, you should get to know the Access to Neighbouring Land Act 1992, although an injunction under that Act is a last resort.

We can review your letter here if you like but do have a solicitor read it through before sending. Your aunt's insurance company may also assist if fencing is covered under the policy? Keep the letter simple, factual and polite with no threats. The small claims court would be your recourse if you have to replace or repair the fence due to any damage they cause once they have been put on notice. You will need proof so take lots of photos, both sides if you can, and keep safe copies of the receipts for the current fence. Send the letter recorded signed for.

Hope that helps :)
Last edited by arsie on Thu Dec 11, 2014 1:16 am, edited 1 time in total.
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Re: Neighbour attaching plant ties & washing line to fencing

Postby MacadamB53 » Thu Dec 11, 2014 1:07 am

Hi MrsHoover,

that is something she could 'try' but I doubt that she would, she would see it as her responsibility as the home-owner to maintain her fencing

fair enough - just so long as she is aware there's no legal requirement/obligation for her to have a fence stood on her land - otherwise every garden boundary would be fenced twice (one fence on either side).

it might also be worth bringing to her attention that she only has a fence right now because she's been replicating what she's familiar with and unless she was the first to own the property she really has no idea why it is that she has a fence rather than the neighbour.

All the best to you and your aunt, Mac
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Re: Neighbour attaching plant ties & washing line to fencing

Postby MacadamB53 » Thu Dec 11, 2014 1:13 am

arsie wrote:In your shoes I would write (i.e. your aunt should) to explain about her newly erected fence.

that'll be the fence erected 8 years ago arsie - d'oh!
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Re: Neighbour attaching plant ties & washing line to fencing

Postby arsie » Thu Dec 11, 2014 1:15 am

Ever the nit picker eh Mac ;) I have editted my post.
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Re: Neighbour attaching plant ties & washing line to fencing

Postby mr sheen » Thu Dec 11, 2014 9:27 am

MrsHoover wrote:Hi, I looking for some advice for my elderly aunt who has been having problems with her neighbours who have been attaching ties for the plants to her fencing, and also their washing line.

About 8 years ago one of her fence panels came down (she believes it had been damaged by these neighbours attaching plants etc to it) and since 3 other panels were in a bad way and her neighbours had small children, she decided to replace all the fencing at a cost of over £1,000 (this was about 8 years ago).
Her neighbours child has recently been kicking his ball against the fence - which she has asked them to get him to stop, and he has. However, they are still attaching plants to her fencing (she has asked them not too, and has cut the string etc when she spots it), they have also attached a washing line to one of her posts - she has asked me to remove it, and yesterday she found the end of a screw in one of her panels (on her side) so they have been attaching something else to her panel from their side - she pushed it through.
Can anyone tell me where she stands legally? What can she do?
She is in her 80's and cannot afford to replace this fencing again and is finding this whole thing very stressful.

Thanks.


Where she stands legally and what she can do about it......as asked....
She can ask them again to stop.
Legal position....they shouldn't be doing it.....so assessment of specific legal position if they continue....
She replaced 4 panels, 8 years ago at a cost of £1000 ie £125 per year or £2.40 per week to have the fence for privacy.
It should have been treated a number of times in that period for protection...so say 3 times at a cost of £100 a time and if it wasn't then it hasn't been suitably cared for. All receipts for panels and treatments will be required.
The fence has endured 2920 days/ 70,080 hours of weathering and the force of the elements.
Yet the reason for future damage is going to be given as a few plants growing up it and a washing line attached to it.
The idea that this can go to court, as is being suggested by some, is ludicrous.
Therefore sending letters and initiating a formal dispute can only backfire and be counter productive......never start a fight you can't win and the fence owner is onto a loser with much more at stake as this is likely to have the effect of poking the fire and if you poke it the flames ignite and get bigger. Presumably the toddlers are now heading towards their teenage years......good luck aggravating them then!
If you're Aunt is elderly and vulnerable it would be irresponsible IMO to pursue a dispute that has no chance of a suitable outcome. If the washing line does bring it down the best she will get is the neighbour told to reerect it. She won't be given a new fence for the 8 year old one. Loss of privacy from fence for 2 weeks...2x£2.40=£4.80. Courts are not there to deal with such trivia. Amicable discussion and compromise is the only option - check with a solicitor - although some might be willing to send a few letters for you which will probably cost more than fence did 8 years ago and they may still continue doing it.
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Re: Neighbour attaching plant ties & washing line to fencing

Postby COGGY » Thu Dec 11, 2014 1:54 pm

Hi

The advice given by nothingtodowithme is good. Have you actually tried speaking to the neighbour yourself. In my earlier post I was not meaning anything against your aunt. In fact we can all easily cause offence without meaning to. Most situations have two sides. I agree that your aunt is in the right, but sometimes unfortunately being in the right does not help. If you are able to speak up as suggested by nothingtodowithme and come to agreement that would be a good result.

If that does not solve the situation then really anything else, bar going to court which is expensive and really stressful (I imagine having not done so) is not going to help.

Is it possible that your aunt is continually looking out to see what the neighbours are doing near her fence? That is the kind of action I meant when stating she may have inadvertently upset them. They may be saying she is always watching them. I am not accusing as I have no way of knowing, just suggesting there are two sides to many problems.

Good luck in speaking to the neighbours.

Kind regards
Coggy
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Re: Neighbour attaching plant ties & washing line to fencing

Postby arborlad » Thu Dec 11, 2014 2:00 pm

nothingtodowithme wrote:@mrs hoover;

I think you should take the bull by the horns; approach the neighbours on your aunts behalf requesting they remove all attachments to the fence.



I disagree, the aunt seems more than able to deal with this and has done in the past with a football being kicked against the fence, which ceased when requested. While the OP might like to be in the background it's quite likely the aunt might resent outright interference.

On topic.
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Re: Neighbour attaching plant ties & washing line to fencing

Postby COGGY » Thu Dec 11, 2014 2:15 pm

Hi

As stated by Mr Sheen "Never start a fight you can't win" is a good maxim to follow.

Kind regards
Coggy
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Re: Neighbour attaching plant ties & washing line to fencing

Postby jdfi » Sun Dec 14, 2014 11:19 pm

Have you read aunts and neighbours deeds to verify ownership?

If it's a party fence they can do what they want to it.
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Re: Neighbour attaching plant ties & washing line to fencing

Postby MacadamB53 » Mon Dec 15, 2014 1:03 am

nothingtodowithme wrote:
jdfi wrote:Have you read aunts and neighbours deeds to verify ownership?

If it's a party fence they can do what they want to it.


A party fence wall is not a fence; indeed it is a garden wall sitting astride the boundary of the gardens.

que?

Hi nothingtodowithme,

the term "party fencewall" (not mentioned by jdfi btw) was contrived in the making of The Party Wall Act and solely for the PWA.

mention in a deed of a fence being a "party fence" has nothing whatsoever to do with the PWA.

Kind regards, Mac
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Re: Neighbour attaching plant ties & washing line to fencing

Postby jonahinoz » Tue Dec 16, 2014 7:49 am

Hi,

I believe your aunt has the right to enter her neighbours garden to carry out maintenance to her fence. That should please her neighbours. How long can a job like that be strung out.

Won't be good for neighbourly relationships though. Cheaper to pay for a sturdy line post to be erected in the neighbours garden. That's not a suggestion, just an idea that might lead to other ideas. How sturdy is the existing post that is being used to support the clothes line? (I assume they have tied it to a post?) Could it be re-inforced?

Why should your aunt pay for her neighbours clothes line? She shouldn't! But it might stop her worrying about having to replace the entire fence. It might also persuade the neighbours that they "are onto a good thing", so maybe not a good idea. Back to the drawing board.

John W
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Re: Neighbour attaching plant ties & washing line to fencing

Postby arborlad » Tue Dec 16, 2014 9:39 am

jonahinoz wrote:Hi,

I believe your aunt has the right to enter her neighbours garden to carry out maintenance to her fence.

John W



There is no right or entitlement to carry out this type of work.
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Re: Neighbour attaching plant ties & washing line to fencing

Postby arsie » Tue Dec 16, 2014 12:49 pm

arborlad wrote:
jonahinoz wrote:Hi,

I believe your aunt has the right to enter her neighbours garden to carry out maintenance to her fence.

John W



There is no right or entitlement to carry out this type of work.

Your Rights Under the Access to Neighbouring Land Act 1992
http://www.problemneighbours.co.uk/rights-under-access-to-neighbouring-land-act.html
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Re: Neighbour attaching plant ties & washing line to fencing

Postby JohnP1950 » Sat Feb 07, 2015 2:26 am

Is the fence designed such that the panels slide out? If so, why not periodically remove them "for inspection or treatment", disconnecting the neighbours attachments in the process. If you decide to do this, it would be prudent to write to your aunt's neighbours to warn them that anything they attach to the fence may be removed without further notice. A similar tactic worked for me when my neighbours attached a 15 foot leaning conifer and several trellis panels to my fence.
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