Fence advice please

Re: Fence advice please

Postby Eliza » Sun Sep 27, 2015 8:40 pm

Probably best to just "Ignore, ignore, ignore". Some neighbours (ie in the "in the wrong" category) will keep on and on and on....ad infinitum.

By now - I'm coming to the conclusion that someone like that probably does know, in their heart of hearts, that they are in the wrong - but they are hoping to wear you down with their sheer "going on and on and on...and on" etc tactics.
Apologies for not giving exact personal details in my posts - you never know who is reading....
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Re: Fence advice please

Postby Quitelife » Sun Sep 27, 2015 10:48 pm

Yes Coggy have been keeping his letters , I was thinking of sending a letter to him saying we would go to police if he carried on but I kind of feel its a bit extreme
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Re: Fence advice please

Postby despair » Sun Sep 27, 2015 11:20 pm

Your neighbour is quite simply a deluded bully
be very sure to keep letters , a diary of any conversations etc etc

Bullies do not stop and its likely he will try a different tack or way to aggravate

the more evidence you quietly gather the better
meantime totally and utterly ignore him
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Re: Fence advice please

Postby Quitelife » Mon Sep 28, 2015 3:45 pm

We have been ignoring him , but he continues with his letters now moaning about some bushes on our side that are in no way interfering with the fence, we did notice however that he has put some decking up at some point and that a breeze block appears to be pushing the bottom of a panel in towards our garden. I'm not even going to bring this up with him, I have taken pictures however in case he decides he wants to try and take us to court over us not believing the fence needs replacing/repairing to try to force us to pay towards it.
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Re: Fence advice please

Postby mr sheen » Tue Sep 29, 2015 8:21 am

The situation with the fence is simple..if he wants to repair it, he can and he pays for it.
This matter is now being complicated by ancillary matters and some of the responses here are not helping.
The neighbour may believe that he is in the right and he is within his rights to communicate with the opposing party with letters requesting a contribution, this does not make him a 'bully' and unless the letters are threatening, they do not constitute harassment. This is how a dispute develops and progresses.
You don't indicate the detailed wording of the letter you sent to him....and this may have contributed to his perception that you may at some point contribute or feel that you ought to but that you just can't afford it.

In a similar situation, I would be tempted to reply to his letter along the following lines....
We confirm receipt of your letter dated......
After taking legal advice, we will not be making any contribution to the fence. We have no objection to you repairing or replacing the fence, but it would be entirely at your cost.
As far as we are concerned, this matter is now resolved and concluded.

He may well keep writing but in a dispute, this is what happens. Making empty threats of harassment charges will not be helpful and as soon as the police know that you are involved in a civil dispute they will not get involved unless there is a potential breach of the peace or a criminal act.

You will have to ignore the letters.
If your trees/shrubs etc are growing near the fence, it would be in your interest to keep them well back from the fence because he may claim that they have damaged the fence and then the dispute may escalate as he claims for damages as oppose to a contribution to the repairs....and he may be more successful.
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Re: Fence advice please

Postby Quitelife » Tue Sep 29, 2015 1:48 pm

Thanks for the advice, our letter was very polite and simply stated that we did not believe the fence was in need of repair and that it was not financially feasible, also stated that we did not wish this to become a dispute. Never questioned who was responsible for the fence , I purposely left out such things in an attempt not to escalate the matter. His reply was pretty much doesn't care about our finances we should be paying as well its our duty and responsibilityl to help cover costs
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Re: Fence advice please

Postby despair » Tue Sep 29, 2015 7:26 pm

I guess this neighbour got his info from a mate down the pub

You do not have a duty or responsibility to pay for a fence UNLESS there a very specific covenant in your deeds requiring you to " forever erect and maintain " or its clearly delineated as a party fence in the deeds but even then it must be a joint decision you cannot be forced to pay

In the absence of either if he wants a fence he pays for it .............end of

I suspect this guy has some weird idea that all fences between houses are party fences
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Re: Fence advice please

Postby Quitelife » Wed Sep 30, 2015 6:02 pm

So just got in from work to find a note through the door from our neighbour telling us that the fence work will be done on Thursday, so even though we have told him we are not paying for it he has still gone and got someone to do the work and still expecting us to pay. I know many of you have said it but just to double check , we have told him no but he has still gone ahead with it there for he has no legal ground to stand on to demand money
us, is this correct ?
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Re: Fence advice please

Postby MacadamB53 » Wed Sep 30, 2015 6:23 pm

Hi Quitelife,

his claim is groundless unless he can produce evidence of you entering into a contract/agreement.

Kind regards, Mac
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Re: Fence advice please

Postby Quitelife » Wed Sep 30, 2015 6:30 pm

Thankyou Mac we have always maintained we would not be contributing , he's really starting to drive us nuts with his constant badgering just want him to accept that its his choice to go ahead with the work
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Re: Fence advice please

Postby mr sheen » Wed Sep 30, 2015 8:26 pm

The key to this is the detail in your communication with him. I'm not suggesting that you were anything other than polite but sometimes people slip up with wording and inadvertently drop themselves in it. His only hope is that he has made a contract with you to contribute and this could be as part of your written or verbal communication. If you have made it absolutely clear that you will not be contributing and have consistently reiterated this, he cannot force you to pay any money. There is no compulsion to have a fence at all, or to repair or replace any existing fence.

Since he has given you a date, you could push a note back in order to make it clear before work starts that you will not be contributing. I would keep all correspondence and mark the letter...delivered by hand on ..date and time by...name of person (signed). Keep notes short so that you have less chance of inadvertently tripping yourself up....possibly...

We confirm receipt of your note indicating that you will be starting work on the boundary fence on Thursday. As we have stated previously, we will not be making any contribution whatsoever to the fence

You need to take his notes in your stride because he has every right to communicate with you during the dispute and you have every right to ignore his notes or reply as you choose.
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Re: Fence advice please

Postby Quitelife » Thu Oct 01, 2015 2:43 pm

My partner has just got in from work and sent me a picture of the work carried out, the fence posts are now well within our boundary and also there is rubbish every where on our side and even cement in our drain, I have no doubt what so ever he has made sure this happens out of spite, so he thinks because we didn't want to pay that gives him the right to steal around 2 inches of our land the whole way down !!!!!! absolutely fuming with this idiot now
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Re: Fence advice please

Postby despair » Thu Oct 01, 2015 2:56 pm

then he has built the fence on your land and thus it belongs to you

tell him to shift it or accept he has gifted you a fence because whats on the land goes with the land
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Re: Fence advice please

Postby Quitelife » Thu Oct 01, 2015 3:00 pm

I see your point Despair, its just the pure cheek of the guy and to have it left in the state it is in to is a bit much, but I kind of guess I should just leave this matter alone unless he comes knocking for money towards it
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Re: Fence advice please

Postby mr sheen » Thu Oct 01, 2015 3:01 pm

You can't have it all ways. Your neighbour is paying 100% for the boundary between you and him. It is messy to put up a fence, don't you feel that you should at least help out in clearing up since you aren't paying any thing? Not legally bound but it is neighbourly.
The fence is 2 inches on your side! This would be impossible to prove and it is difficult to put every section of fence on the boundary and very difficult to prove where the boundary is. Most people would be delighted to just be disputing 2 inches.

It's now time to put this in perspective...you have had help and support here in relation to the legal position....it's now time to keep it real. You do not have to pay towards it but it would be nice to see some degree of flexibility, reality and neighbourliness....as oppose to seeking to fuel more dispute.

Your post could just as easily read....
The fence is going up and he has managed to do it by using just 2 inches of our land. There is some mess but we will sort that since we aren't paying anything....let's hope the whole thing is now over and done with.
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