Neighbour demanding we replace fence

Neighbour demanding we replace fence

Postby k1970 » Sat Jun 04, 2016 10:34 pm

Have read all relevant threads on here and done other internet research, just looking for clarification that we are in the right.

The owner of a neighbouring house (he doesn't live there, he rents it out) is demanding we replace our fence as his new tenants requested this as part of the rental agreement. Granted it's not in great condition but we don't actually see it due to a hedge on our side so effectively we would be paying for a fence so that his tenants, who are oaying him money, have a nice fence! As I said, he is DEMANDING this, mentioning a covenant and small claims court blah blah. I had to pay to get a copy of our deeds as can't find them and there is no covenant regarding fencing - I can paste the relevant info if anyone wants to see. He's phoned twice and we have been very civil and polite telling him he is welcome to replace it as we have no intention of doing so but he's not having it. He said he would phone again next week and am hoping that the fact that I can now tell him there is no covenant will make him back off but I'm not hopeful.

We happily replaced a huge swathe of fencing that was not our responsibility a few years ago as we wanted it - why can't he just do the same? Aaargh!!!!

Am I correct in thinking we have no obligation to replace?
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Re: Neighbour demanding we replace fence

Postby ukmicky » Sat Jun 04, 2016 11:19 pm

Based on there being no covenant that you personally agreed to ,you are correct.


You would be wise also to tell him if he wishes to replace your fence you will not be reimbursing him and it will remain your fence on your land.
Advice given is not legally qualified and you are advised to gain a professional opinion
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Re: Neighbour demanding we replace fence

Postby despair » Sat Jun 04, 2016 11:41 pm

He is making threats with menaces and he has absolutely no right whatever to demand anything

I suggest you write a very firm letter stating that you have researched your legal rights
its your fence and on your land and you will not be replacing it end of

If his tenants want a new fence it his perogative to replace the fence at his cost and theres no way you are reimbursing him
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Re: Neighbour demanding we replace fence

Postby Collaborate » Sun Jun 05, 2016 8:20 am

Make sure you take a number of photos of the current fence so that you can ensure that if your neighbour does take it down then they rebuild it where it currently stands.

Many of these threads contain stories of neighbours stealing a number of inches of garden.

In fact, I 'd tell your neighbour not to touch your fence. At least that way you can be sure the boundary is suitably marked. They can always erect their own on their side of the boundary if they don't want to look at yours. Their attitude seems to suggest a soupçon of misplaced entitlement.
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Re: Neighbour demanding we replace fence

Postby MacadamB53 » Sun Jun 05, 2016 9:07 am

Hi k1970,

how do we know this is your fence in the first place?

Kind regards, Mac
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Re: Neighbour demanding we replace fence

Postby k1970 » Sun Jun 05, 2016 9:23 am

Thanks all for replies.

If his approach had been more amicable then we likely would have contributed. But he was adamant and bullying from the start. He has form as he told me that previous owners of our house refused to replace until he told them he had to so they did! Mac, the boundary is definately ours so isn't the fence then also? Would it be best if I write to him rather than having phone conversations?
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Re: Neighbour demanding we replace fence

Postby span » Sun Jun 05, 2016 11:30 am

Ignore him. Block him. Blank him. Send him to Coventry. Boycott him. Laugh in his face as you repeat "No" at him.
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Re: Neighbour demanding we replace fence

Postby k1970 » Sun Jun 05, 2016 11:55 am

:lol: Span.

I was very calm and measured with him and just kept saying that we wouldn't be replacing, you go ahead, and when he said he would take it further I said I would be happy with that - think this threw him a bit. Just worried about my husband picking up phone to him next time as he will unleash hell!
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Re: Neighbour demanding we replace fence

Postby MacadamB53 » Sun Jun 05, 2016 12:00 pm

k1970 wrote:Thanks all for replies.

If his approach had been more amicable then we likely would have contributed. But he was adamant and bullying from the start. He has form as he told me that previous owners of our house refused to replace until he told them he had to so they did! Mac, the boundary is definately ours so isn't the fence then also? Would it be best if I write to him rather than having phone conversations?

not if one of your predecessors defined the boundary with a hedge - the fence may have then been erected by one of his predecessors.

are you both in agreement its your fence though? if so he can jog on, if not he can replace his own fence at his leisure - either way he's wrong to try and have you replace it.

Kind regards, Mac
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Re: Neighbour demanding we replace fence

Postby k1970 » Sun Jun 05, 2016 12:24 pm

I'm 99.9% sure a fence would have been there before the hedge, it is an 80s estate so I think all gardens would have been fenced by the developer. Here the extract from title register concerning covenants:

C: Charges Register
This register contains any charges and other matters
that affect the land.

THE Purchaser hereby covenants with the Vendor to the intent that the
burden of this covenant may run with and bind the property hereby
conveyed and every part thereof into whosesoever hands the same may
come and to the intent that the benefit thereof may be annexed to and
run with the green land and every part thereof that neither the
property hereby conveyed nor any part thereof shall be used for any
noisy noxious or offensive trade or business or for any purpose which
may be or become a nuisance damage or annoyance to the Vendor or other
the owner or occupiers for the time being of the green land or any partthereof
NOTE: The green land referred to lies some distance to the west of the
land in this title.
2 The land in this title falls within the area covered by a building
scheme constituted under the provisions of transfers by xxxxxxxxxx Development Corporation.
The Transfer of the land in this title is dated 30 June 1987 in favour
of xxxxxxxxxxxxxxxxx and the extent of the area
affected by the scheme is described in that Transfer.
NOTE: Original filed
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Re: Neighbour demanding we replace fence

Postby arborlad » Fri Jun 10, 2016 12:05 pm

Have a read of this (inexplicably locked) thread - it has similarities to yours: viewtopic.php?f=6&t=19796
arborlad

smile...it confuses people
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Re: Neighbour demanding we replace fence

Postby k1970 » Mon Jun 13, 2016 10:41 am

Thanks arborlad. He does sound as pig-headed as our friendly owner next-door. He has not contacted us again....yet.
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Re: Neighbour demanding we replace fence

Postby jonahinoz » Mon Jun 13, 2016 7:42 pm

Hi,

Tell him you think the current fence is in the wrong place, and should be about a metre into his garden. :twisted:

John W
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Re: Neighbour demanding we replace fence

Postby arborlad » Wed Jun 15, 2016 12:36 pm

Not as straightforward as first appearances.

k1970 wrote: Granted it's not in great condition but we don't actually see it due to a hedge on our side so effectively we would be paying for a fence so that his tenants, who are oaying him money, have a nice fence!



This is not a situation that you can afford to ignore, it is currently your structure that marks the limit of your land and if someone other than yourself makes changes to it, can you be sure it will be done correctly?

Out of sight, out of mind is all well and good in some circumstances - but not when it comes to a boundary feature.





We happily replaced a huge swathe of fencing that was not our responsibility a few years ago as we wanted it - why can't he just do the same? Aaargh!!!!



This complicates matters, when the neighbouring land is conveyed, will that fence (and the land it occupies) stay with you or the neighbour?




Am I correct in thinking we have no obligation to replace?




Not based on what we've been told, but is it wise to let someone else have control over your property?
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Re: Neighbour demanding we replace fence

Postby k1970 » Tue Jun 21, 2016 4:40 pm

Not been here for a bit as I've nothing to report - he hasn't been back in touch but I'm under no illusion that he's given up.

arborlad - no offence (no pun intended!) but that's all a bit too anal for me. Maybe I am being naive but he can put what he wants there - our garden is too big for us anyway so not worried about anyone stealing a few inches!
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