Old Fence

Old Fence

Postby Barney1995 » Fri Jul 31, 2015 8:54 am

Hello
About 9 years ago our neighbour built a new fence on the inside of thier garden leaving us the old one on our side to rot(both fences are on thier property). Firstly is there anything we can do about this?
Secondly we returned home from holiday yesterday to find that someone had jumped over into our garden and put 3 new panels at the end of the already broken old fence. They did not ask our permission and done the work whilst we were away....but i cant understand why they have replaced 3 new panels at the back of a old fence???
Cheers
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Re: Old Fence

Postby Collaborate » Fri Jul 31, 2015 9:09 am

It's their fence. they can let it rot if they want (unless they are the original owners of the house and the deeds impose on them an obligation to maintain the boundary fence - highly unlikely).

I just don't get the second part of your post. You complain that they're leaving their fence to rot, yet when they replace 3 panels in it you're up in arms. Jeez. There's just no pleasing some people.

If you don't want to look at the rotten fence you can always put your own up on your side of the boundary.
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Re: Old Fence

Postby despair » Fri Jul 31, 2015 9:34 am

and then there will be 3 fences and the duplication of boundaries which Arborlad and others always cautions against
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Re: Old Fence

Postby Barney1995 » Fri Jul 31, 2015 9:47 am

They have not replaced any part of the old fence...they have just continued where the old fence finished when they had there garage done....there was nothing there for the last 15 years just the post holes where the fence used to be and thats the bit they have replaced.....I think i am more angry with the tresspassing bit.
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Re: Old Fence

Postby Collaborate » Fri Jul 31, 2015 9:54 am

despair wrote:and then there will be 3 fences and the duplication of boundaries which Arborlad and others always cautions against


Agreed, but it's the only option open to OP if he doesn't want to look at the decaying fence.

Barney1995 wrote:They have not replaced any part of the old fence...they have just continued where the old fence finished when they had there garage done....there was nothing there for the last 15 years just the post holes where the fence used to be and thats the bit they have replaced.....I think i am more angry with the tresspassing bit.


While technically trespass, if they haven't damaged your garden there is no actionable loss. Also, they appear to have created a boundary structure when you've been content for there to be none whatsoever for the last 15 years. They've done you a big favour.
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Re: Old Fence

Postby arborlad » Fri Jul 31, 2015 11:19 am

Is this the same boundary and neighbour from this thread: viewtopic.php?t=19368
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Re: Old Fence

Postby Barney1995 » Fri Jul 31, 2015 11:36 am

No the other side.
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Re: Old Fence

Postby arborlad » Fri Jul 31, 2015 11:55 am

Barney1995 wrote:They did not ask our permission and done the work whilst we were away...



If you had been there, would you have been quite happy to allow access?

When one landowner choose to do work when the neighbour is absent it usually indicates some previous friction - was there any?
Last edited by arborlad on Fri Jul 31, 2015 12:06 pm, edited 1 time in total.
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Re: Old Fence

Postby Barney1995 » Fri Jul 31, 2015 11:57 am

Yes. Normally they would get the builder to ask but they just came over knowing we were away
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Re: Old Fence

Postby Barney1995 » Fri Jul 31, 2015 12:29 pm

We had some friction about 8 years ago and dont talk....but we normally get by...this came out of nowhere really.
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Re: Old Fence

Postby arborlad » Sat Aug 01, 2015 9:34 am

Collaborate wrote:
despair wrote:and then there will be 3 fences and the duplication of boundaries which Arborlad and others always cautions against


Agreed, but it's the only option open to OP if he doesn't want to look at the decaying fence.



Whenever appearance or aesthetics are given greater prominence than defining and securing the land of the fence owner, that's when problems are created.



While technically trespass, if they haven't damaged your garden there is no actionable loss. Also, they appear to have created a boundary structure when you've been content for there to be none whatsoever for the last 15 years. They've done you a big favour.



This is true.
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