fence with gap

fence with gap

Postby mummy54 » Tue Jul 21, 2015 2:01 pm

Hi,my problem is with my neighbour they erected a fence a couple of years ago while we were away.they put posts in my garden and the fence was about 10in short on my side (they have raised there garden ) they put black plastic pieces to fill gap i was not happy so i took it out as its on my side now once again while we were away they have put bits of wood in to fill gap (i am foaming ) gravel also has spilled into my garden .My garden may not be everyone's cup of tea but its my garden and i am unsure if i can demand for the bits of wood removed and the fence to be rectified .If they had had the fence erected properly ( wood to soil and not a 10in gap ) i would not have minded the posts on my side.Can anyone advise me of my rights as i intend to confront the neighbour but i need to get my facts right .
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Re: fence with gap

Postby MacadamB53 » Tue Jul 21, 2015 2:17 pm

Hi mummy54,

it's not very clear whether 1. you think the neighbour has erected a fence on your land or whether 2. they've erected it so you see the posts, or 3. both?

if it's 1. then you've got yourself a potential boundary dispute if you want the fence moving.
if it's 2. then I'm afraid they have done nothing illegal or unlawful - bad idea and unneighbourly though it is.

please advise which it is...

Kind regards, Mac
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Re: fence with gap

Postby mummy54 » Tue Jul 21, 2015 2:27 pm

They have erected it in the right place but i have posts in my garden and a 10in gap at the bottom of fence .
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Re: fence with gap

Postby MacadamB53 » Tue Jul 21, 2015 3:51 pm

Hi mummy54,

you're not being clear enough (for me - sorry).

how can the fence be in the correct location AND in your garden if it is their fence?

it may just be how you are phrasing it - do you mean "I can see the posts when in my garden" rather than "I have posts in my garden"?

or are you saying the fence stands on your land?

Kind regards, Mac
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Re: fence with gap

Postby mummy54 » Tue Jul 21, 2015 5:19 pm

Sorry ,The fence is on their land dividing both gardens but the posts are on my side ( land ) so i have full posts in my garden which means they only have fence showing on their side i also have the 10inch gap at the bottom of fence as they have built their garden up so really the fence was put up incorrectly in the first place,i know i am women but i also know that putting a fence up you put the wood down as far as you can onto the soil .If that does not help i would need to upload photos.
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Re: fence with gap

Postby despair » Tue Jul 21, 2015 6:38 pm

firstly they need planning permission to raise their land

2nd They need to build a properly constructed retaining wall

3rd all posts and panels should sit entirely on their land

4th if their soil and gravel is falling onto your land they are 1000% responsible
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Re: fence with gap

Postby mr sheen » Tue Jul 21, 2015 8:38 pm

You have no say in the type of fence your neighbours choose to put up. If they leave a gap on the bottom that's their choice.
How do you know the posts are on your side??? You probably can't prove this.
You certainly had no right to remove parts of their fencing whatever it was made of and whether you like it or not and if your actions later resulted in gravel ending up on your side so be it!
Put up a fence of your own choice so that you can control how it looks if you don't like what they have done.
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Re: fence with gap

Postby MacadamB53 » Tue Jul 21, 2015 8:57 pm

Hi mr sheen,

How do you know the posts are on your side?

surely if there's an internal partywall and the post are beyond this in favour of the neighbour they are on the OP's land?

Kind regards, Mac
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Re: fence with gap

Postby mummy54 » Tue Jul 21, 2015 9:31 pm

Mr sheen ,I am not that thick ! the posts are clearly on my side they are 4 inches thick and i have all 4 inches on my land and about 10 inches of concrete where the post have been placed and why they would leave a 10 inch gap then try to fill them in with unsightly bits of plastic or wood ? and as for the gravel that was put in while i was away so i now have gravel on my soil and thats without me removing anything.
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Re: fence with gap

Postby mr sheen » Wed Jul 22, 2015 7:52 am

MacadamB53 wrote:Hi mr sheen,

How do you know the posts are on your side?

surely if there's an internal partywall and the post are beyond this in favour of the neighbour they are on the OP's land?

Kind regards, Mac


Don't think the OP said they were beyond the party wall, have you just made the assumption that is what she means?
We are talking about inches here between the fence panels and posts which can easily be disputed. The posts were put in place 2 years ago and the OP has not taken timely action.
Last edited by mr sheen on Wed Jul 22, 2015 8:06 am, edited 1 time in total.
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Re: fence with gap

Postby mr sheen » Wed Jul 22, 2015 8:02 am

mummy54 wrote:Mr sheen ,I am not that thick ! the posts are clearly on my side they are 4 inches thick and i have all 4 inches on my land and about 10 inches of concrete where the post have been placed and why they would leave a 10 inch gap then try to fill them in with unsightly bits of plastic or wood ? and as for the gravel that was put in while i was away so i now have gravel on my soil and thats without me removing anything.


What are you hoping to happen as a result of you 'confronting' the neighbour? He's highly unlikely to move the fence a few inches even if he accepts the posts are on your land (which he is unlikely to do).

You could try discussing the issue pleasantly with the neighbour and asking him to fence the bottom bit where you have removed the plastic. However, if relations have already deteriorated you are unlikely to get a satisfactory outcome especially if you go round for a rant.

You could use the posts to attach your own fence panels and you then get a fence of your choice of the height you want. You could tell the neighbour of your intention to do this since the posts are on your land or just do it and if he complains tell him the posts are on your land so you have the right to attach your own panels to them.
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Re: fence with gap

Postby arborlad » Wed Jul 22, 2015 9:15 am

mummy54 wrote:Hi,my problem is with my neighbour they erected a fence a couple of years ago while we were away.they put posts in my garden and the fence was about 10in short on my side (they have raised there garden ) they put black plastic pieces to fill gap i was not happy so i took it out as its on my side now once again while we were away they have put bits of wood in to fill gap (i am foaming ) gravel also has spilled into my garden .My garden may not be everyone's cup of tea but its my garden and i am unsure if i can demand for the bits of wood removed and the fence to be rectified .If they had had the fence erected properly ( wood to soil and not a 10in gap ) i would not have minded the posts on my side.Can anyone advise me of my rights as i intend to confront the neighbour but i need to get my facts right .



When one landowner waits for the neighbour to be away before carrying out a course of action, it's a fair indication of how correct it might be, once might be simply concidence, twice is a little more telling.

You say the posts are on your land, but what are you basing this on, have they dug up part of your patio or moved a shed etc. to install the posts - something you know to be yours?

You don't say what type of fence it is, it doesn't sound like a panel one.

The time to take action on matters like this is as soon as you are aware of it, your delay is not in your favour.

Raising the land may or may not require planning, it would depend on the nature and scale of the works.

Adding a second fence or modifying the existing one is not a good idea.
arborlad

smile...it confuses people
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Re: fence with gap

Postby MacadamB53 » Wed Jul 22, 2015 9:26 am

Hi mr sheen,

I wasn't making any assumptions - I was providing an example after you made this statement:

How do you know the posts are on your side??? You probably can't prove this.

Kind regards, Mac
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Re: fence with gap

Postby MacadamB53 » Wed Jul 22, 2015 9:34 am

Hi arborlad,

When one landowner waits for the neighbour to be away before carrying out a course of action, it's a fair indication of how correct it might be, once might be simply concidence, twice is a little more telling.

unless, of course, the OP is away more frequently than you assume...

Kind regards, Mac
PS just making the point - you're almost certainly right to make that assumption though
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Re: fence with gap

Postby arsie » Wed Jul 22, 2015 2:36 pm

The time to deal with this was when it happened. Now is probably too late. Pettily removing plastic, him replacing with wood etc is not helping. If it were me I would want some sort of proper long-lasting retaining wall for his raised land, which is what should have been there all along. Now, way later, it is going to be difficult and unlikely much is going to happen but even so have a try.

It is - or was - 100% his responsibility to retain his land but I don't think you can force it to happen. He might or might not have exceeding the 30cms limit I think it is beyond which you need planning permission for changing the height of your garden.

What I think you two need to to do discuss the problem over a cup of tea like grown ups. Perhaps offer a contribution towards rectifying the situation, say, a percentage of the cost of concrete gravel boards: bits of plastic or wood is not going to hack it! Either way it is going to need access from your side and, unless your garden is pristine (sounds like it isn't) I would agree to that, subject to making good or righting any damage etc and 48 hours prior notice for access.
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