neighbours using our fence as a leant

Re: neighbours using our fence as a leant

Postby arborlad » Sat Dec 12, 2015 2:39 pm

Joyce Kirkpatrick wrote:Thank you all for your advice, at least we are not the only ones who think this shouldn't have happened in the first place. The reason we were waiting was because we had engaged a solicitor, who had written to our neighbours but received no reply. We think we have wasted money on this as the solicitor seemed to want to turn it into a case of trespass re the small piece of land which we have lost (this would seem a very costly excerise as the fence has been there for 20 years). After the new year we are definitely going to get to work in removing the structure and hope we don't cause any damage. Again many thanks.




Your solicitor will have had sight of documents we haven't, if that is not the case, he's remiss, if it is the case you're being badly advised.
arborlad

smile...it confuses people
arborlad
 
Posts: 7384
Joined: Sun Jul 09, 2006 6:30 pm
Location: Hertfordshire

Ads are not endorsed by www.gardenlaw.co.uk or the staff thereof and visitors should perform their own due diligence on the product or service offered.
 

Re: neighbours using our fence as a leant

Postby arborlad » Sun Dec 13, 2015 10:10 am

nothingtodowithme wrote:This sounds incredulous; do you have any photo images to show how this looks?
:shock:



We don't know how much land the OP of this thread has lost or why they chose not to fence to the fullest extent of their land, I suspect aesthetics has played a part in it.

In this thread: viewtopic.php?f=4&t=19874 if the OP had followed your endorsement based solely on the fact that it provided privacy and was aesthetically pleasing, the OP would have lost a similar amount of land.
arborlad

smile...it confuses people
arborlad
 
Posts: 7384
Joined: Sun Jul 09, 2006 6:30 pm
Location: Hertfordshire

Re: neighbours using our fence as a leant

Postby despair » Sun Dec 13, 2015 12:21 pm

It is quite staggering how many people see a wall or fence that divides land as fair game to attach what they like to or paint etc

Sometimes its ignorance but often its sheer bloody mindedness

Give them a final written warning that their structure has no business being attached and that it will be removed and returned with care not to cause damage
and that positively NO PERMISION is forthcoming for them to attach anything whatever or paint or stain your new fence

and keep a copy
despair
 
Posts: 16040
Joined: Mon Mar 14, 2005 8:07 am

Re: neighbours using our fence as a leant

Postby despair » Sun Dec 13, 2015 9:00 pm

Do talk rubbish
I only ever suggest duplication of fences in extreme circumstsnces
i have never suggested or condoned anyone attaching anything to other peoples property
despair
 
Posts: 16040
Joined: Mon Mar 14, 2005 8:07 am

Re: neighbours using our fence as a leant

Postby jonahinoz » Mon Dec 14, 2015 12:16 am

It is quite staggering how many people see a wall or fence that divides land as fair game to attach what they like to or paint etc

Hi,

If it's your fence, and you are entitles to access for maintenance from your neighbours garden ....

... Cover it in notices saying things like - Do not paint this fence - Do not attach anything to this fence - Post no bills - Do not throw stones at this fence - and if you hurry , MERRY CHRISTMAS 2015.

I'll get my coat!

But interestingly, when I replace my "matchwood" fence with 1" thick boards, I will tell my neighbour he can do what he likes on his side of the fence, but don't let a certain visiting urchin near it with his axe.

John W
jonahinoz
 
Posts: 1344
Joined: Fri Aug 05, 2011 5:15 pm

Re: neighbours using our fence as a leant

Postby arborlad » Mon Dec 14, 2015 8:40 am

jonahinoz wrote:Hi,

If it's your fence, and you are entitles to access for maintenance from your neighbours garden ....


John W



No such entitlement John.
arborlad

smile...it confuses people
arborlad
 
Posts: 7384
Joined: Sun Jul 09, 2006 6:30 pm
Location: Hertfordshire

Re: neighbours using our fence as a leant

Postby jonahinoz » Tue Dec 15, 2015 9:04 am

No such entitlement John.

Hi Arborlad,

Ah .....!

I assumed that it would be the same as access to maintain a building, or have I got that wrong too?

But if what you say is correct (and I have no reason to doubt you), how did the conventional "feather edge boards on Arris rails" fence develop? If the posts are your side, you needed to be in your neighbours garden to hammer the nails in. The only fence that could be maintained would be a series of gates.

John W
jonahinoz
 
Posts: 1344
Joined: Fri Aug 05, 2011 5:15 pm

Re: neighbours using our fence as a leant

Postby arborlad » Tue Dec 15, 2015 10:30 am

jonahinoz wrote:No such entitlement John.

Hi Arborlad,

Ah .....!

I assumed that it would be the same as access to maintain a building, or have I got that wrong too?

But if what you say is correct (and I have no reason to doubt you), how did the conventional "feather edge boards on Arris rails" fence develop? If the posts are your side, you needed to be in your neighbours garden to hammer the nails in. The only fence that could be maintained would be a series of gates.

John W




Every wholly owned boundary feature that is correctly located abutting the boundary, will involve an element of trespass during its construction or maintenance. It may be one toe when digging a hole or a crooked elbow when driving a nail or standing four-square on the neighbours land when boarding up the carcase of a featheredge fence, which I still consider the best form of domestic fencing when done correctly, will all be considered a trespass, just differing by degree.......even your hypothetical 'fence of gates', whilst you could treat the gate/s when open by standing on your own land, how wold you treat the front of the post?

Access for maintenance is achieved by permission and goodwill, which is a lot more freely given than the contents of this forum would suggest, in over half a century I have never been denied access, whatever the task.
arborlad

smile...it confuses people
arborlad
 
Posts: 7384
Joined: Sun Jul 09, 2006 6:30 pm
Location: Hertfordshire

Re: neighbours using our fence as a leant

Postby jonahinoz » Tue Dec 15, 2015 11:48 am

Hi Arborlad,

I too have had no problems with garden boundaries ... bar one. Welsh mining village, my garden surrounded by hedge. I erected a chainlink fence on my side of the hedge to keep my dog in. I came home one day to find my neighbour had had a bonfire, which included a few feet of the hedge, and had not done my fence much good.

I complained, as was told that I was the first person in the village who needed a wire fence. It was suggested that we should go back where we came from. Rolling in the gutter with a miner did not seem a good idea, so I let the matter drop. I doubt that our neighbour would have looked favourably on a request to access his side of the hedge, or even the wall of my garage.

Yes, there have been other discussions about other matters, but they have resolved themselves, returning to an amicable relationship, or formal correctness.

John
jonahinoz
 
Posts: 1344
Joined: Fri Aug 05, 2011 5:15 pm

Re: neighbours using our fence as a leant

Postby MacadamB53 » Tue Dec 15, 2015 3:01 pm

Hi arborlad,

Access for maintenance is achieved by permission and goodwill, which is a lot more freely given than the contents of this forum would suggest...

well said!

although I've not got your vast experience, neither myself or any of my family and friends have ever had a problem giving or gaining said permission and goodwill.

thankfully, this forum is only a microcosm of the society we live in insofar as its populated with helpful folk like yourself...

Warm regards, Mac
MacadamB53
 
Posts: 6024
Joined: Mon Dec 10, 2012 12:13 am

Re: neighbours using our fence as a leant

Postby Joyce Kirkpatrick » Wed Dec 16, 2015 1:18 pm

I know most people are reasonable. The neighbours on both sides are very amicable its just the neighbours at the rear. I don't know how you can deal with people who tell you to "go away".
Joyce Kirkpatrick
 
Posts: 6
Joined: Thu Dec 03, 2015 4:59 pm

Re: neighbours using our fence as a leant

Postby arborlad » Wed Dec 16, 2015 1:35 pm

Joyce Kirkpatrick wrote: I don't know how you can deal with people who tell you to "go away".


arborlad wrote:
Joyce Kirkpatrick wrote:

We just need to know if we can take our fence down to replace it.



The short answer is yes, will you be doing the work yourself or using contractors, either way you need to be more assertive and inform your neighbour of the date the fence will be removed and that he needs to remove anything that is attached to it. Is there a neighbour,family friend or contractor who can pass messages to ensure there is no misunderstanding on the day.
arborlad

smile...it confuses people
arborlad
 
Posts: 7384
Joined: Sun Jul 09, 2006 6:30 pm
Location: Hertfordshire

Ads are not endorsed by www.gardenlaw.co.uk or the staff thereof and visitors should perform their own due diligence on the product or service offered.
 
Previous

Return to Fences

Who is online

Users browsing this forum: Bing [Bot], Google Adsense [Bot] and 5 guests