Broken fence dispute - advice please?

Broken fence dispute - advice please?

Postby andy12 » Sun Apr 03, 2016 10:32 pm

Hi to forum members,
This is my first post. Am looking for guidance. On 26/1/16 it was a windy day and the fence at the end of my garden came down. It was 3 lattice panels, all of which came down. The 4 8ft wooden posts were 3inch square and were set in 2ft concrete. When I went to make the area safe, I noticed that there was a scaffolding board that had been attached by nails to the corner end post on the neighbours' side. The scaffolding board was 7ft above the earth, about 9inch wide and 2inch thick (heavy duty). It had loosened the wooden post as it was unstable in the earth and was moving. I also noticed that there was a washing line attached to this board. Also, on the neighbours' side, they had nailed bits of wood at the bottom of all the panels. There were other boards and a washing line also attached to the other corner post. This fence was built by me on my land/boundary roughly 8 years ago. The fence appeared to be in good condition and wasn't moving about. The neighbours are private tenants and no permission was asked of me to attach anything.

After reporting the incident to the Landlord, he eventually came round at night two months later with a friend/builder. I told them how the law stated that he was liable and they were laughing at me. They denied any knowledge of the attached board and said that I had encroached their land.

Do I have any rights here? Any advice would be appreciated a lot.

Thanks
Andy
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Re: Broken fence dispute - advice please?

Postby Collaborate » Sun Apr 03, 2016 11:08 pm

Any right of action you have will be against whoever attached the scaffolding board. That will be the tenant.

this has been the subject of a previous thread on here:
viewtopic.php?f=23&t=15487
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Re: Broken fence dispute - advice please?

Postby cleo5 » Sun Apr 03, 2016 11:21 pm

Did you manage to take a photo of the attached board and washing line?

As it was a windy day and if the fence falling was due in part to the wind it might be worth claiming on your insurance and telling them exactly how you found the fence.( Of course it might be cheaper just to replace the torn panels and save yourself further hassle.)

The neighbour has no business attaching anything to your fence and is by rights responsible for the damage but the ins company willl ascertain this.
They might then arrange to have it repaired and then send the neighbour the bill.

Insurance companies have more clout when getting money out of those responsible.

As to the landlord saying the fence is on his land well you need to have your boundary along that side checked. (or just ignore him.)
Or could you make a claim against the tenant in the small claims court or would this cost to much?
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Re: Broken fence dispute - advice please?

Postby andy12 » Thu Oct 06, 2016 3:03 pm

how many post can I put before I can upload photos
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Re: Broken fence dispute - advice please?

Postby andy12 » Thu Oct 06, 2016 3:04 pm

thanks andy
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Re: Broken fence dispute - advice please?

Postby despair » Thu Oct 06, 2016 3:43 pm

the very simple fact is its your fence your property and neither the landlord or his tenants have any right to fix anything whatever to it
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Testing photo upload

Postby andy12 » Thu Oct 06, 2016 4:07 pm

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Re: Testing photo upload

Postby despair » Thu Oct 06, 2016 5:36 pm

picture is fine
thought you said posts were fine ...photo would indicate post went over as well as the panels

obviously stresses like washing lines illegally attached would not have assisted
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Re: Broken fence dispute - advice please?

Postby arborlad » Thu Oct 06, 2016 5:46 pm



despair wrote:picture is fine
thought you said posts were fine ...photo would indicate post went over as well as the panels

obviously stresses like washing lines illegally attached would not have assisted
arborlad

smile...it confuses people
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Re: Testing photo upload

Postby andy12 » Thu Oct 06, 2016 7:22 pm

1. 20160126_125504.jpg 1 My fence when it fell in January, it's 8 yrs old
2. 20160329_164603.jpg 2. I discovered these attachments to my post.
3. 20160311_174148.jpg 3. Wooden boards nailed into bottom of my fence from their side
4. 20160312_175027.jpg 4. Scaffolding board nailed into my fence post
5. 20160311_174334.jpg 5. Scaffolding board with washing line, which was loose and not set into the ground with concrete
6. 20160329_164616.jpg 6. Washing line attached between scaffolding board and neighbours house.
7. 20160311_174155.jpg 7. Pile of wood boards discovered leaning against my fence on their side I think about 3 years when they had work done.
8. 20160312_174919.jpg 8. The new fence built by neighbours, built inwards 6 to 7 inches so is right up against concrete post which marks my boundary to left of my garden. The original wooden boundary post was behind the concrete one but removed by them without my permission.
9. 20160413_170001.jpg 9. The new fence built inwards onto my land.
10. 20160413_165935.jpg 10. New fence built by neighbours 6-7 inches inwards from original boundary.
11. Fence May 1973 001.jpg 11. Original fence 1973 showing boundary
12. boundaries LR 001.jpg 12. Land Registry plan - no T markings so unsure whose responsibility the fence is. It's the back of my garden and part of the left side of their garden. Can anyone please advise?
Please can anyone advise me of my rights. I have taken a Small Claims for damage to my fence but I want neighbours to remove the fence they've built into my land and I've heard it will be very expensive. They have replied to my claim saying that the fence was theirs and on their land! At the same time, they say that 'my fence' was rotten! The builder who did the new fence, without my permission, ripped out the remaining corner boundary post but I managed to prevent him from removing my concrete post to build even further inwards (which is a boundary only to the neighbours on the left side!)
Thanks
Andy
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Re: Broken fence dispute - advice please?

Postby COGGY » Thu Oct 06, 2016 8:27 pm

Hi
As you said the posts were fine and the fence was at the bottom of your garden, is it possible you have posted the wrong picture? It does look as tho the fence in the photo is at the side of the property. Sorry if I am wrong. Regards Coggy
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Re: Testing photo upload

Postby andy12 » Thu Oct 06, 2016 11:11 pm

im sorry photo images have not come out trying to work the settings regards andy12
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image test

Postby andy12 » Sat Oct 08, 2016 10:45 pm

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Boundary dispute encroachment bully neighbours

Postby andy12 » Sun Oct 09, 2016 12:00 am

http://imagizer.imageshack.us/v2/800x60 ... QmGlIu.jpg
This is the fallen fence, 8 years old, was not moving about and seemed sturdy.
http://imagizer.imageshack.us/v2/800x60 ... zhsWey.jpg
Board and washing line attached to my corner post
http://imagizer.imageshack.us/v2/800x60 ... gnkCWe.jpg
After coming down, I saw horizontal wooden boards attached to the bottom of my fence.
http://imagizer.imageshack.us/v2/800x60 ... oQu9mp.jpg
They screwed in a 10ft scaffolding board (14kg) to my corner fence post plus washing line
http://imagizer.imageshack.us/v2/800x60 ... dQdFtF.jpg
Attached scaffolding board
http://imagizer.imageshack.us/v2/800x60 ... gJLqYZ.jpg
A pile of wooden planks that I discovered had been leaning against the left hand side end post.
http://imagizer.imageshack.us/v2/800x60 ... tXaCkD.jpg
The 2 concrete posts mark the boundary with my neighbours on the left side (as he built his fences inwards) - the end boundary post with neighbours at the back is seen on the right, with the scaffolding board that they attached to the left of it
http://imagizer.imageshack.us/v2/800x60 ... 9MOWmS.jpg
This is the new fence the neighbours installed, right up to my concrete boundary post with left side, adjacent neighbours. It encroaches approx. 6inches into my land from where my original fence stood. This was done without my permission.
http://imagizer.imageshack.us/v2/800x60 ... SbFO8L.jpg
As stated, this concrete post is the boundary with left side neighbours only. The back neighbours' builder turned up unannounced and was trying to remove this in order to build their new fence even further inwards - but luckily I was there to prevent that. Called police did not want to get involved, civil matter
http://imagizer.imageshack.us/v2/1024x7 ... et5Uek.jpg
1973 photo showing the left corner fence post / boundary line and my family have maintained the back fences there for 40 years.
http://imagizer.imageshack.us/v2/1024x7 ... S1HJFn.jpg
There are no T or H markings on the Land Registry plan.
Please can anyone help me if they know anything more - is the end of my garden my responsibility? Or any other insight anyone can give please?
Regards
Andy
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Re: Boundary dispute encroachment bully neighbours

Postby andy12 » Sun Oct 09, 2016 12:08 am

The neighbour didn't meet me until 2 months after the fence came down. It was dark when he turned up. I showed him the damage. His builder friend was with him. I told him it was criminal damage as you're not allowed to attach anything. He refused to reply why for example the scaffolding board had been attached. He and the builder only said that all the fence and posts were rotten. They accused me of building into their land. I gave them a copy of John Maynard surveyors guide but they laughed at me. They said they were going to build their own fence. I said that was not relevant to me but I wanted my fence replaced. I did not agree for them to build their fence on my land. I sent them an estimate for cost of work/materials but they did not reply. I've gone to the county court for a small claims for this. Their reply was a load o lies - that it's their fence, their land, it was all rotten, etc. I built this fence there BEFORE they moved in, which is 8 years old.
I may get a result at court .... but my big problem anyway is that they've encroached and built into my land and I really need some advice as I can't afford solicitor's fees.
Any advice on how to deal with this would be so much appreciated, thank you very much.
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