My Fence, neighbours climbing plants, screws and trellis

Re: Neighbour's hedge within my boundary

Postby arborlad » Fri Jun 10, 2016 11:17 am

Taken from here: viewtopic.php?f=6&t=20359

It's not in anyones best interests to have two threads on one subject - I've asked admin to merge them but it might not happen.




garfield wrote:1. If the fence had been erected on the boundary it would have looked very unsightly for both of us as the gap at the end of the 8m run would have been rather large and further panels/half panels would have been needed (not very pretty)



............this makes no sense at all. The length of a boundary is not a convenient multiple of six foot plus posts.
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Re: My Fence, neighbours climbing plants, screws and trellis

Postby despair » Fri Jun 10, 2016 2:07 pm

Orange plastic fence instead of chicken wire will make the point clear enough
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Re: My Fence, neighbours climbing plants, screws and trellis

Postby arborlad » Mon Jun 13, 2016 10:34 am

Much better now the threads have been merged - thank you admin.



despair wrote:Firstly the fence should have been sited on (abutting) the boundary .........



This is correct and it is where the OPs efforts should be directed. The only way I know of doing that is moving the fence to its correct location - moving a fence is not the easy task often attributed to it, aside from any planting, extending the patio, raised beds, decking etc., are all distinct possibilities.





although I understand your reason for not doing so but 10 inches of land remains yours




I don't - despite the OP being misled and misguided into a course of action that would have resulted in loss of land - the OP continued, there is nothing remotely understandable about that!
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Re: My Fence, neighbours climbing plants, screws and trellis

Postby arborlad » Tue Jun 14, 2016 10:11 am

despair wrote:whilst the trellis and wires and plants MIGHT be an innocent oversight

the screws which prevent you removing the panels are a DELIBERATE ACT and render him fully liable of direct destruction of your property



Please don't shout!..................your interpretation of the circumstances and any subsequent consequences seems to be grossly overstated. The brackets normally used on this type of fence are usually added on the owners side of the fence to prevent the non-owner from removing the panels, another use is to prevent a loose panel from rattling in its slot.
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Re: My Fence, neighbours climbing plants, screws and trellis

Postby COGGY » Tue Jun 14, 2016 11:50 am

Hi Aborlad

I am sure you are correct in your statement regarding the brackets. Nevertheless the neighbour had no right to put such brackets into a fence not belonging to him, furthermore a fence which is (inadvisably in my opinion) not even on the boundary, which means he had to trespass to do so.

Kind regards Coggy
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Re: My Fence, neighbours climbing plants, screws and trellis

Postby arborlad » Tue Jun 14, 2016 2:54 pm

COGGY wrote:Hi Aborlad

I am sure you are correct in your statement regarding the brackets. Nevertheless the neighbour had no right to put such brackets into a fence not belonging to him, furthermore a fence which is (inadvisably in my opinion) not even on the boundary, which means he had to trespass to do so.

Kind regards Coggy




You are mostly correct............on the question of advice, when I pointed out it was wrong and would result in land loss, I was told I was dictatorial and lacked knowledge - the OP has lost land :roll:
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Re: My Fence, neighbours climbing plants, screws and trellis

Postby COGGY » Tue Jun 14, 2016 3:21 pm

Hi Aborlad
Your posts appear knowledgeable to me. :D
Coggy
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Re: My Fence, neighbours climbing plants, screws and trellis

Postby COGGY » Tue Jun 14, 2016 7:07 pm

Hi

I have just read through this thread. As I understand the situation the OP has stated that he is not after money. He merely wishes to maintain his fence. The question then arises, why are some people discussing taking the matter to court. The OP has stated he does not intend to do this. Therefore I do not understand the relevance of
Re: My Fence, neighbours climbing plants, screws and trellis

Postby nothingtodowithme » Tue Jun 14, 2016 6:09 pm

If you choose to take legal action, you will need to apply for an injunction to prevent him from attaching plants and other items to your fence .....mmmmm...good luck with that.....the Judge will probably be furious that neighbours waste court time with such nonesense.
mr sheen





True :wink:
TERRI


Am I missing something?

Regards Coggy
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Re: My Fence, neighbours climbing plants, screws and trellis

Postby arborlad » Wed Jun 15, 2016 10:22 am

despair wrote:Firstly the fence should have been sited on the boundary although I understand your reason for not doing so but 10 inches of land remains yours




Despair, please can you explain your reasoning here. There is nothing about the site conditions, either in the photos or the way it is described and nothing about the type of fence and the way it was constructed that can account for it being misplaced by such a large amount.
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Re: My Fence, neighbours climbing plants, screws and trellis

Postby despair » Thu Jun 16, 2016 7:23 pm

It was the OP who stated the fence is 10 inches back from the boundary

as you always say Arborlad .............you should fence to the fullest extent of your land
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Re: My Fence, neighbours climbing plants, screws and trellis

Postby mr sheen » Thu Jun 16, 2016 10:54 pm

garfield wrote:The next course of action I will take is to send him a letter stating the facts i.e. CAB advice, trespass statement “unjustifiable interference with land which is in the immediate and exclusive possession of another”, tell him to seek legal guidance to clarify his exact position and I will inform him that he has X amount of days to remove his property from my fence.

1. Can I after X amount of days remove my fence for maintenance and carefully remove all offending property from the panels, posts etc.? And give them back to him.

2. Or will I have to go down the civil mediation route and drag it out for X period of time possibly resulting in court costs/injunctions etc.

I would very much appreciate some guidance on my next steps as to what I am legally entitled to do?


Coggy ...missing something....perhaps you missed this key post (which started off as the original post before the thread was merged) asking about mediation, court action, injunction, empty legal threats, telling someone else to take legal guidance
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Re: My Fence, neighbours climbing plants, screws and trellis

Postby COGGY » Fri Jun 17, 2016 10:01 am

Hi Mr Sheen

You are perfectly correct. Please accept my apologies. I did read through, but obviously not carefully enough. I can only blame my age.
Regards Coggy
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Re: My Fence, neighbours climbing plants, screws and trellis

Postby arborlad » Sat Jun 18, 2016 10:00 am

despair wrote:It was the OP who stated the fence is 10 inches back from the boundary

as you always say Arborlad .............you should fence to the fullest extent of your land



You are correct, I was hoping you might have had an insight into why the OP chose ntdwm's bad advice over my good advice...........
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