fence with gap

Re: fence with gap

Postby cleo5 » Wed Jul 22, 2015 10:07 pm

There are some people with whom a civilised chat over a cup of tea to resolve differences will not work. Those who erect a fence or gate or anything else without discussing it with the neighbour first and then proceed to carry out the work when the neighbour is away from home are not likely to want to discuss anything reasonably.
If this is the case with your neighbour then you might try writing a letter and if this is ignored then third party intervention might be needed.
If the posts are on your land then have your solicitor write to neighbour requesting he remove them and erect a fence in the correct place- The fence must be sufficient to contain the excess soil/gravel so that none spills over onto your land. As has been said this may involve building a wall on which to place the fence.

If you don't like the look of the repositioned fence then grow something in front of it , trees/shrubs/bamboo/acers perhaps.

You can get free advice from a legal helpline who will put you in touch with someone who can advise you for free.
Try RICS. legal helpline.
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Re: fence with gap

Postby arsie » Thu Jul 23, 2015 12:08 am

I quite agree cleo5 but I put forward the cup of tea approach as the ideal.

Given things are probably beyond a civilised chat the OP can I suppose try the offensive as the only recourse after all this time. And must be prepared to get non cooperation. In which case short of an injunction for the neighbour's garden falling down or complaint to the local council about the planning permission needed (faint hope) there is not I fear much can be done.

Without tea and talking the OP's chance of getting any satisfaction is slim to vanishing imho.
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Re: fence with gap

Postby jonahinoz » Fri Jul 24, 2015 9:42 am

Hi,

I understanding was there was originally a fence, with boards on MUMMY54's side, and posts on her neighbours side.

The neighbours removed the old fence, erected new posts on same line as the old posts, and boarded it on their side. Have I got that right?

MUMMY54 objects to seeing the posts, and the gap at the bottom of the boards.

The question is, who OWNED the old fence? And is there a documented requirement for there to be a fence, irrespective of who is responsible for the boundary. There is no LEGAL obligation to erect, maintain, or keep a fence. But there may be a covenant requiring one or the other to erect and maintain a fence

MUMMY54 may have disliked the new fence, but being a good neighbour, did not raise an objection. But further actions by the neighbours may have made her change her mind. That might explain her belated complaint.

Is MUMMY54 an owner or tenant. Same question about the neighbour.

If the posts are on the same line as the originals, it could be argued that the neighbours have given MUMMY54 about 4" more garden. If the posts are not on the same line ... different ball game, but we need to know which hymn sheet we should be singing from.

Er ... 10" gap at the bottom? How high is the top of the fence? Visions of 6ft panels above a 10" gap. :roll:

John W
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Re: fence with gap

Postby mummy54 » Fri Jul 24, 2015 12:59 pm

i own my house and they own theirs and my point is yes i let the fence go when they first put it up, being my first home i was unsure if they had the right to do what they did. I have been told that the fence is theirs by my neighbor who has lived in her house for 79 years. They took old fence out and posts were on their side and the new fence was erected in the some place but posts on my side, I have a bush next to the fence and the gap has never changed so that means they have not given me any garden just the posts and a gap at bottom .Now if they thought for one minute that the fence was ok why in the hell have they put bits of unsightly wood to fill gaps only at one end ?
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Re: fence with gap

Postby arsie » Fri Jul 24, 2015 1:15 pm

I imagine the unsightly bits of wood are the no cost 'solution' to stop their garden where raised from falling away. Strictly legally speaking you shouldn't be messing with the wood - not your property!

As I said earlier the only satisfactory long term solution is to have put concrete gravel boards to support the raised land in the first place. Almost no chance of that now but you could, as I suggest, try offering to cooperate and contribute ... but I am not sure you are seeing this rationally ...
Last edited by arsie on Fri Jul 24, 2015 2:05 pm, edited 1 time in total.
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Re: fence with gap

Postby MacadamB53 » Fri Jul 24, 2015 1:42 pm

Hi mummy54,

They took old fence out and posts were on their side and the new fence was erected in the some place but posts on my side, I have a bush next to the fence and the gap has never changed

in other words, they've replaced their fence and this time the 'fair' side faces them - absolutely nothing illegal or unlawful about that (just not the ideal in some people's opinion).

I think the bits of wood are there because somebody removed the plastic sheeting that had been installed to do the job...

Kind regards, Mac
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Re: fence with gap

Postby arborlad » Fri Jul 24, 2015 4:41 pm

arborlad wrote:
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.



Without answers, you're only going to get speculation.
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Re: fence with gap

Postby mr sheen » Fri Jul 24, 2015 5:24 pm

It continues to amaze me that for a few inches of land, there are contributors who suggest engaging a solicitor to send a letter!
What sort of results do people think this produces for minor disputes other than throwing cash down the drain!.
Most people receiving a letter from a solicitor will respond themselves costing them nothing but again costing the person who engaged the solicitor yet more money. So the solicitor asks the neighbour to remove the fence....what response do you expect from such a request...oh yes sir immediately sir....not in this world!

If you have the cash to engage a solicitor for a boundary dispute, you need to be very clear about the amount and quality of evidence you have and the outcome you want. Only go down this route if you are willing to take it all the way because your evidence is weighty and convincing, and even then you take a chance and will have to throw some money at the issue. Unless you are very wealthy, it isnt worth engaging solicitors and surveyors for a few inches of land. So your only realistic option to work things out with the neighbour in a civilised manner and the minute you send a solicitors letter any prospect of this is probably lost for good.

The facts given here..
Fence was erected 2 years ago and the erection of the fence was not disputed at the time.
Black plastic was placed to prevent falling gravel or soil or whatever and the OP removed it even though it was the property of the neighbour.
No evidence that the fence posts are on the OPs land has been offered and therefore such evidence, esp due to delay in dispute, is weak or nonexistent and it will be extremely difficult to prove and the claim will be disputed by the neighbour and since OP will have burden of proof....poor prospect.
The posts are only a few inches, so the amount of land involved is de minimis.

Hence OP is on a loser unless she can negotiate with neighbour or puts up fence of her own choice and may get neighbour to agree to her using same posts.
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Re: fence with gap

Postby cleo5 » Fri Jul 24, 2015 6:23 pm

Mr Sheen,
There was a small but important word "if" in my post (to which I assume you are referring re letters/solicitors)-
IF the posts were placed on the op's land and there was no response to a letter.(since cup of tea approach seems not possible ) then sometimes one letter from a solicitor works wonders.
I quite agree with you solicitors are a last resort unless one has unlimited resources.
There are countless posts on this site where a few inches of land causes neighbour disputes.

However it seems that the fence belongs to the neighbour and he has replaced his fence with another and since he can replace his own fence with whatever he chooses within height and safety limits then unfortunately the OP has to put up with it if nothing can be resolved by friendly discussion.

She can put rocks all along the inside of the fence to prevent neighbour's earth/gravel escaping and she can grow tall plants to screen it. A bare fence is not a pretty thing anyway. It is obviously causing her some distress and therefore she needs to do what she can to make the situation better. She has come on here asking for helpful suggestions. What may seem a slight irritation to one person may be a source of misery for another.
The neighbour was thoughtless in putting black plastic bags there anyway. He obviously realised the gap beneath the fence was too big. Who wants black plastic shoved under the fence- breeding ground for slugs.? The neighbour could have erected the fence correctly but he hasn't.
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Re: fence with gap

Postby arsie » Fri Jul 24, 2015 7:16 pm

I strongly agree a solicitors letter would be completely over the top and could launch a dispute :shock:

I still hope to hear that the OP has swallowed her anger/aploplexy/dismay and been able to chat with the neighbour over a cup of tea or not. Sometimes we keep quiet and things build up in our own minds. She should take her courage in both hands knock on the door and open up discussions:

"I didn't say anything when you raised the garden/replaced your fence but now I think we must tackle a problem we now share: your raised garden falling down into mine under your new fence".

The only way to achieve this long term is some retaining wall e.g. concrete gravel boards. A few loose uncemented bricks with no foundations, plastic, bits of wood is not going to be effective.

Suggesting a contribution to costs would be to bend over backwards - they caused this, they should fix - but it might indicate a willingness to go the extra yard (no pun intended). OP: have you tried anything along the lines of approaching the neighbour yet?
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Re: fence with gap

Postby MacadamB53 » Fri Jul 24, 2015 10:05 pm

Hi mummy54,

you've not actually confirmed whether the neighbour is or isn't retaining their land - all we know is there is a gap between the bottom of their fence and the ground level on your side.

can you please clarify if possible?

Kind regards, Mac
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Re: fence with gap

Postby arborlad » Sat Jul 25, 2015 12:43 pm

MacadamB53 wrote:Hi mummy54,

you've not actually confirmed whether the neighbour is or isn't retaining their land - all we know is there is a gap between the bottom of their fence and the ground level on your side.

can you please clarify if possible?

Kind regards, Mac



You can see from the thread title the prominence that the OP puts on this issue, but it's unwise to encourage it until the main issue is (hopefully) resolved.
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