neighbour damaged my new fence

neighbour damaged my new fence

Postby lincslass61 » Fri Apr 15, 2016 3:01 pm

my neighbour erected his home made picket fence on and recently as i'm buying my council house it was discovered he had as the council put it tresspassed by putting his fence over the boundary by a few inches at one end plus his large fishpond was over the boundary by a few inches. now my neighbours are nasty pieces of work they brought their council house about 13 years ago. so i just let the trespass of my boundary go,it was about 9 inches for about 5 panels of his fence.i didnt want any trouble from them. for the last 4 years or so nearly every post of his fence has rotted it was swaying over my side,damaging a small wire fence about two foor high i had put along in front of it because my small dogs could get through the gaps in his picket fencing.i had asked at the time if i could attach the wire to his fence his said no. anyway the fence got so bad two panels had actually broke away from the posts i tried tying them together. he has never made any attempt to repair his fence. so i saved up to buy my own fence ,concrete posts,with feather board panels. we asked them if it was ok to take up their fence they was fine with it. but as soon as the fencing guy tried to take one panel up it was so rotten about 3 fell down i a row. my neighbour was using foul language ,demanding we repair the broken panels but it was impossible to get the screw out,two electric drivers was tried and a hand screw driver. my partner said she would use these metal strip to hold the two broken bit in place but he said thats wasnt good enough. the only wood that broke was the strip of wood at the side which was screwed to the posts. then he threatened to smash our new fence with his sledgehammer,he even said about the sledge hammer again to the police officer. the police went round his first just after the police left to come round our we heard a very loud bang on our new fence i ran upstairs and there he was stood by the fence. the damage done then was two of the boards kicked through at the bottom but because i hadnt actually seen him doing it nothing the police could do. then later the next day i went upstairs and saw he had lent 15 of his old fence panels all up one panel of my new fence. i had put a cctv camera up after the first piece of damage he did. so as i had called the police again we watched the footage back he had gone out there at 7am to start putting them against our fence then a few hours later put more against it you could see 3 of our concrete posts gradually leaning with the weight. but the police said my neighbour will just say he didnt realise it would do damage. i said to the policeman i thought there was a law against leaning things up neighbours fences he said there wasnt but he has told the neighbour he has a day to take his old panels off our fence. that was last night ,its 3pm now but they are still there,ok he gone to work now but if he could get up to put them there at 7am he could do the same to move them. so my question is can anyone clarify the law on leaning stuff up neighbours fences,he has told the police he didnt know he would damage it,we and the police know he did but does it matter whether they knew or not. ? i want to go through the courts for damages to my fence and posts .
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Re: neighbour damaged my new fence

Postby COGGY » Fri Apr 15, 2016 3:28 pm

Do you have legal cover with your House Insurance?
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Re: neighbour damaged my new fence

Postby despair » Fri Apr 15, 2016 7:18 pm

Your neighbour CANNOT

1) paint or stain or render your wall or fence

2) hit or allow anything to be thrown at your fence

3) attach anything whatever to your fence or wall

4)Allow ivy or other climbers to grow up your fence or wall

5) pile soil or rubble or rubbish etc against your fence or wall

6 ) lean anything against your fence or wall

In short its your property and all and every damage done by a neighbour will be their responsibility to cover costs or repair

Tell your neighbour you will now lean stuff against or hit their car or property with a sledge hammer if they do not stop interfering with your fence and your property

The neighbour or the police can confirm the above is the law at any CAB office or solicitor
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Re: neighbour damaged my new fence

Postby COGGY » Fri Apr 15, 2016 9:00 pm

Our neighbour caused damage to our property. We did not see him do it but the police were prepared to accept that he did. They asked him to sign a form accepting responsibility and to pay for the cost of the damage. This he refused to do and as we did not want to go to court (too stressful) the matter was dropped. However as the police had accepted that he was responsible he has not caused any damage since. In your case the police should at least discuss the matter with the neighbour. Am I understanding correctly that the police heard the neighbour threaten to cause damage? If I was you I would contact the police again asking either that they come and discuss the matter with you again, or if you are not satisfied or they refuse to come, contact the Chief of Police in your area. It is surprising how that will motivate them. Coggy
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Re: neighbour damaged my new fence

Postby lincslass61 » Fri Apr 15, 2016 11:12 pm

rang a solictor they said leaning things up fences depends what is in the deeds. but i dont think thats right. the police said i had to see him actually kick the fence. i was angry,the police knew he had threatened to take a sledgehammer to the fence,they went to see him and he mentioned the sledge hammer again to them. but they told me it has to be beyond reasonable doubt. they watched on the camera i put up after he kicked it,him leaning 15 old fence panels up one panel they said again he would say he didnt know he would damage the fence. but where can i find this law about leaning stuff on fences?
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Re: neighbour damaged my new fence

Postby despair » Sat Apr 16, 2016 2:12 pm

Your police are talking a load of tosh ....clearly they are hoping you will go away

The fence is your property and you have full legal rights as to what happens to it

What would your neighbour say if you lent heavy stuff against his car !!! He would no doubt attack you with a sledgehammer

It is the most basic property law ....its your property and your neighbour cannot do anything to damage it ...end of
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Re: neighbour damaged my new fence

Postby lincslass61 » Mon Apr 18, 2016 7:29 pm

rang the police again after finding out on the cps site about neighbours who damaged their neighbours fence. they said we had to prove it was done with intent to damage ,even though the police know he had said he was going to damage it i thought that was proof enough but because my cctv show the evil neighbour just standing panel after panel up one panel of our fence and it doesnt show him using any force they said they know he has done it on purpose but it can't be proved.and as i thought he reckoned he didnt know it damaged our fence. yesterday i checked some more of our new concrete posts alot had movement .our fence man said they musty had been pushed from neighbours side when concrete was setting as it takes 48 hours. now for something that has made me even more angrier his neighbour who he is as thick as thieves with tells my partner it all stems from us parking our car so he cant park his lorry outside his house and he has to park outside his other neighbours house who he is as thick as thieves with as she dont like it outside her house. when in actual fact i park outside my own house never over his frontage but his lorry takes up the whole of his frontage and half of mine, in fact two months ago he backed right up to our car and his wife parked right behind it blocking us in on purpose. basically they was intimidating us to park further away. we had to call the police that time as we couldnt get our car out and no way was we knocking on their door. so it turns out he wrecked my fence because i park outside my own house and won't be bullied into moving our car further back. the asbo officer was already involved since the blocking in incident,she is involved over his threats to damage his fence. i rang her today to tell her we had just been told by his neighbour and she actually had the cheek to ask if we had parked our car so he couldnt park his lorry to provoke him. i mean i can park where i like ,it gives him no right what so ever to say he is going to smash my fence with a sledgehammer then kick a panel out and lean his old fence panels up it. so we have had enough the asbo officer just says she wants to resolve the issue but like i told her how can it be resolved as i'm putting in a second driveway with a dropped kerb so he won't be able to park halfway across my frontage anyway. oh his neighbour not happy about that saying if we do that she will put her caravan in my neighbours front garden . in other words as well as his caravan parked right up to the front boundary garden there will be her great big caravan parked up to it as well. so we have had enough of all these threats ,the police doing nothing,the asbo officer just wanting to resolve it so we seeing a solicitor this week.
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Re: neighbour damaged my new fence

Postby arborlad » Sat May 14, 2016 9:43 pm

Best continued here:

lincslass61 wrote:i've posted before about the saga of my new fence and my neighbour damaging it. first his home made fish pond about 6ft x4ft and about 4ft high and put on a angle so the corner of it is over my boundary slightly then as there was no fence at all he asked if he could put one up. this was about 8 or so years ago. he owned his council house i was a council tenant so had little idea where the boundary was exactly.
then this year i start to buy my council house when they come to measure boundaries i'm told his fishpond is over slightly and his fence. but the council would not pursue a order to make him move either saying it was just a matter of inches.
so as his fence has nearly every post rotten and it was swaying in the wind( a 4ft home made picket fence) and he had never bothered to repair it we said we was replacing it he was fine about it.
but as soon as the fencing men started removing his he was outside shouting and swearing saying he was going to have us for criminal damage. i realized that this had been his plan because he was hoping to get money from us so he could replace his fence the other side of his garden.
after he threatened to smash our new fence with a sledgehammer i called the police. eventually at night they turn up just after they left his we heard a bang on our fence ,he had kicked in two of the featherboards. but the police said we had to see him do it. so i put a cctv camera up.
i'll try and keep this as brief as i can. he lent 15 of his old fence panels up my fence told to remove them by police a few days later put them back. he wasnt home when police went round the next day. so they was there a week before his wife moved them strangely enough about 30 minutes after the police rang to say they was coming to see me.
but then this neighbour who never bothered mowing his lawn until he had too about every 2 months starts cutting it ,but everytime he went close to my fence you could see him leaning on the panels. he surpassed himself this week cut it then 19 hours later cut it again.
so i'm getting fed up of showing the police what he is doing ,they keep saying they actually need to see the panels moving but to go back through all my cctv footage.

so today i went right back to the day i put the cctv up ,the fence men had put up about 15 panels(my garden 140ft long) about ten minutes after they have gone the neighbour is out there (i had hid my cctv on my indoor windowsill then before a few days later putting it outside) there he is clearly pushing on all the panels with the panels moving quite alot,then he comes out a few hours later and has another go at my fence.

so i've got the cctv footage the police wanted him pushing on my fence and the fence moving, but the police said the neighbour may say he thought the fence was over his and was pushing it back.
i'm like what????? how much more proof can you get. this is a clear case of criminal damage.

i'm so frustrated at the police lack of action this all started a month ago . now they say they already left one message on his phone they will ring him again. but they have to "invite" him first to the police station for questioning then if he refuses they will arrest him to take him in.

my fence cost me £1,600 and he has wrecked it,it's all out of line. its featherboard panels with concrete posts and gravel boards.
arborlad

smile...it confuses people
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Re: neighbour damaged my new fence

Postby mr sheen » Sat May 14, 2016 11:27 pm

Ahhh....déjà vu...just commented on this under 'trees'.mmmm?????

Neighbour put his fence up 8years ago on his land when OP owned none. OP took it down, says with his permission which he denies presumably. He could argue criminal damage.

You replaced his fence which he could have insisted you did since you removed his fence. So the ownership of this fence can be disputed and he can't be found to be causing criminal damage to his own property, so difficult to prove criminal damage by neighbour beyond reasonable doubt. Also difficult to win a civil case for damages since it was his fence to begin with, so who has losses?

Waste money with solicitors if you have it to burn.
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Re: neighbour damaged my new fence

Postby arborlad » Fri Mar 24, 2017 12:32 pm

Best continued here:


lincslass61 wrote:i'm in a dilema. last year i purchased my council house,my neighbour had purchased his abour 13 years prior to this. when the council measured the boudary it was found my neighbour had enroached my boundary by building a fishpond which as its at a angle some of it encroached my boundary. the council said the boundary must be put back before my sale went ahead. i thought great but then they changed their minds. i solictor said to take it through the courts to reclaim that part of my boundary would be expensive.
then came last year just after i brought it my neighbour had built a picket fence which also encroached my boundary . we asked his permission to have it removed for us to have a new fence put up. as nearly every post of his fence was rotten and broken he said yes. but the moment our workmen touched his fence he was out there shouting "criminal damage" and all sorts of abusive threatening behaviour. so i called the police. long story but just after my fence was installed within 30 minutes of the workmen leaving the neighbour who was unaware the police had advised me to put a camera in my windowsill upstairs ,he was caught on my cctv camera pushing and leaning on every panel sending the whole lot out of alignment. it cost me alot of money to have it put right ,so then he changed tact he started mowing his lawn next to my fence stopping and leaning on it.
anyway the court case is still ongoing for criminal damage but with the bad storm we had and with what he was doing when mowing his lawn it has gone out of alignment again. this time i have to save up more money to get it put right. but heres my problem
he has now had a roof structure built to go over his pond .now by looking at it when put over his pond it will be pushing against my fence in some places. which means when i do get my fence fixed yet again, his roof structure will be in the way of putting the fence panels near it back into their right positions.
i need some advice of who do i contact? is it the planning dept of my local council.i would add photos but cant see how to so you can understand what i'm talking about.
what i'm worried about is because my fence posts are loose in the ground is him pushing my fence my way to get his roof structure on his pond then i wont be able to get it fixed. as it is now without pushing on my fence by the looks of it his roof structure will not fit on his pond without touching or pressing against my fence.
sorry its a long post.
arborlad

smile...it confuses people
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