My Fence, neighbours climbing plants, screws and trellis

Re: Neighbour's hedge within my boundary

Postby garfield » Fri May 08, 2015 3:26 pm

As predicted, neighbour stated that the hedge was his, despite him not even planting it. When I asked 'if the hedge is yours, why is it in my garden" his answer was "don't know but it is my hedge". He has stated that he plans to get a surveyor in the identify the boundary so I might wait for that, otherwise I might just go ahead and get rid of the hedge and put my fence up on my side of the boundary. I'll keep you posted
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My Fence, neighbours climbing plants, screws and trellis

Postby garfield » Wed Jun 08, 2016 12:14 pm

Hi everyone, I posted a problem on this website approx. 14-15 months ago stating that my neighbour had told me that the hedge that was growing in my garden was actually his (see ‘neighbours hedge within my boundary’ March 22nd 2015). So I would like to thank everyone on this board that help me understand where I stood.

To cut a long story short I produced evidence proving that the hedge was indeed mine, that is was planted by the previous occupant (neighbour also verified this by calling her up), photos both taken by myself and also aerial pictures and lastly the remaining concrete post that the old chain link fence was attached to proving the line of the boundary. The neighbour got all ar*ey but did not contend this outcome nor did he say anything when the old hedge was removed and a fence was put in its place, in fact he spent the entire day out of the house.
On another note I had the fence installed in a straight line on my side of the boundary by approx. 10 inches or so. This was done for 2 reasons:

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)

2. Second reason I wanted to ensure that the fence was indeed on my property so that he could not argue over who owns what etc. I know from research that I should have erected the fence on the boundary but for reasons explained in point 1 I chose not to.

Move on 15 months I have now noticed that he has planted climbing plants and that they are in fact growing through the fence, he has also attached trellis to the fence to hide a downpipe, has attached growing/climbing wires to the fence and lastly he has screwed the holding brackets from his side preventing me from removing the panels for maintenance.
I have read as much on this as possible and I know he is technically trespassing, I have read the can and cannot’s from the CAB website, consulted with the CAB who informed me that mediation etc. was really the only way to go which I can fully understand and would adhere to if this was a boundary dispute, but it isn’t (please correct me if I’m wrong). I have approached him and told him to remove the said attachments and all I got in reply was ‘I have had enough of you’ and he slammed the door.

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?
garfield
 
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Re: My Fence, neighbours climbing plants, screws and trellis

Postby mr sheen » Wed Jun 08, 2016 1:15 pm

Technically, you can sue him for the damages he has caused to the fence....but this amount would be so small that the court would have very little sympathy for you and may award you a token amount and force you to pay your own costs, which may be substantial.

You can ask him To get involved in mediation....and he can refuse your offer.

If you send him a stroppy letter...this is highly likely to escalate and inflame the situation....and...his response may well be 'what you gonna do about it?' Leaving your only real option a lawsuit which may prove very expensive and pointless.

If you physically remove the items on your fence, he may accept it and do nothing or he may phone the police claiming criminal damage. The police will probably not get involved in the civil dispute but some over-enthusiastic PCSO's may seek to notch up their experience and poke their noses in....if so...in theory they could arrest you in order to investigate his claim of criminal damage...you may well be released quickly but possibly only after being finger printed and DNA tested and left to stew for a while.....up to you if you want to chance this.
It is expected that neighbour disputes are resolved like civilised people using the civil procedures the community has in place ie mediation, court.

So before doing anything......
Carefully assess how much this really is adversely affecting you (it's not neighbourly to attach things to neighbours fence but it also not the brinks Matt affair).
If you cannot live with the situation, think very carefully about trying to sort the matter amicably without any 'threats'.
If you cannot cope with either of the above, you have to decide how much money you want to throw at this. You can invite him to mediation and he can choose to refuse. Letters with 'Empty threats' of legal action usually invoke raucous laughter and 'GO Ahead' leaving you looking very foolish when nothing happens despite the threats.
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.
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Re: My Fence, neighbours climbing plants, screws and trellis

Postby garfield » Wed Jun 08, 2016 1:30 pm

Thanks for the answers Mr Sheen, at the end of the day I am not going to sue for damages as there are really none to speak of. I always try to be polite and sending nasty letters is not really me. As for mediation you may be right as he probably will refuse. The sticking points for me is that I bought and erected a fence which is pleasing to the eye (in my case it is) and fits in with my garden design. Also the fact that he has stopped me from performing maintenance on my fence by fixing it in place on his side really does infuriate me. I also find it very confusing that mediation is a course of action when the fence is on my side of the boundary, on my property and paid for solely by me. As I mentioned I can understand if this was a boundary issue but it isn't. It seems to me that if I were to attach some trellis to his property he could potentially constitute it as criminal damage and call in the PCSO's/Police but when I pay and put up a structure on my property he can do whatever he wants and I am the one who has to fight for my rights :? :? :?
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Re: My Fence, neighbours climbing plants, screws and trellis

Postby mr sheen » Wed Jun 08, 2016 1:38 pm

Unfortunately in these situations, your annoyance does not convert into monetary compensation in court.
Some people choose to ignore the situation and move on with their lives. Others choose to become obsessed with every plant, nail and screw and let it eat them up to the extent that this becomes the focus of their life.
Life is very short IMHO to fight over stuff on a fence...however this is your choice and your next actions will determine whether this escalates or ....isn't allowed to take over your life.
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Re: My Fence, neighbours climbing plants, screws and trellis

Postby garfield » Wed Jun 08, 2016 1:49 pm

You have made some very valid points there Mr Sheen but I would like to focus on one point in my post. I am not going after money etc, what I do find incredible is that due to his actions I cannot maintain my own property without possible civil/legal interference. Surely that cannot be the case as this would mean that I would have to ask him to observe me mowing the front lawn since there are no partitions (legal covenant) to ensure I do not cross the boundary or draw a line down the middle of our 2 houses if I choose to paint my house a different shade of white. You are quite right in saying that life is too short and I do admit that these things do seem petty but to prevent me from looking after what is rightfully mine I find hard to accept
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Re: My Fence, neighbours climbing plants, screws and trellis

Postby despair » Wed Jun 08, 2016 2:14 pm

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
and you should have installed post and wire to mark the boundary while you did it plus have ensured your neighbour was made well aware of the legal situation

Most important though is your neighbour has absolutely no right to attach anything to your fence
cannot grow climbers up it etc etc ..................its your property and irrespective he cannot touch it

No idea what CAB are on about ...........surely the fence is such that you can remove the panels and turn them around if not they should be

A polite letter informing him of the legal situation that a neighbour cannot :-

1) paint or stain or render your fence or wall

2) Attach anything whatever to your fence or wall

3) Grow ivy or other climbing plants up your fence or wall

4) lean or pile anything against your fence or wall

5) allow balls etc to be thrown hit at your fence or wall

That all damage done by the above can be claimed for

Then give him 14 days to remove attachments and plants or you will have them removed at his expense

you cant be charge with trespass in your own 10 inch strip of land
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Re: My Fence, neighbours climbing plants, screws and trellis

Postby garfield » Wed Jun 08, 2016 3:05 pm

Thanks for your input despair. I intend to send him a polite letter stating the CAB facts etc. However let us assume that he doesn't remove the climbing wires, trellis etc. but more specifically the screws in the base of the fence which are preventing me from removing the panels to perform routine maintenance. In relation to the trespass remark, by him placing things on my fence he is the one who is actually trespassing. So what is my next course of action which still complies the law?

1. Can I remove the fence panels after I have given him notice?
2. Do I send another letter asking him nicely to remove the offending items?
3. Can I spray super weed killer on anything which protrudes through my fence?
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Re: My Fence, neighbours climbing plants, screws and trellis

Postby MacadamB53 » Wed Jun 08, 2016 5:07 pm

Hi garfield,

1. yes, this is known as 'abatement' in law - just need to avoid causing any unnecessary damage to his property.
2. if you really want to - and depends on the wording of the last letter...
3. you CAN, but you'd run the risk of being prosecuted if you contaminated anyone else's land and/or sued for damages if you deliberately kill his plants.

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

Postby despair » Wed Jun 08, 2016 6:50 pm

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

So I would send him a strong but polite 14 day letter requiring removal of ALL items.........detail them in 123 format

If he does not comply then wait till he is out hop over the fence remove the screws, etc and lay all attachments on his land

if that does not resolve matters

do it again but totally remove the panels altogether and leave it like that

the other option is to quietly collect pallets and metal chain link fence posts ..................get mates together and reinstate the boundary with a pallet fence
and later replace your fence when he has learnt the law

take photos and video if you can all the way along to prove your case

be sure you have proof of the boundary plus receipt for your fence for when police pay a visit
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Re: Neighbour's hedge within my boundary

Postby arborlad » Fri Jun 10, 2016 7:35 am

arborlad wrote:
garfield wrote:............ inside my boundary assuming it starts at the end of my extension and this does not include the gap between our 2 extensions which if included would see the 60cm distance increase to approx 100cm inside my boundary.


garfield wrote:hi ntdwm, i will erect the fence starting at the corner of my extension so within my boundary



If your assumptions are correct, you are about to lose some land - bad solution.



Did a surveyor ever view the site?...............seems like you've still lost land but not as much as you could have.
arborlad

smile...it confuses people
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Re: Neighbour's hedge within my boundary

Postby garfield » Fri Jun 10, 2016 9:27 am

Hi arborlad, no the surveyor never did turn up, no doubt because he didnt wish to pay for it although i did tell him at the time i would share the cost. but going forward he will be getting a letter on Monday stating that he did not have permission to attach things to my fence (private property and all that) and i will be giving him 21 days to remove all items otherwise i will remove them myself without trying to cause any damage. I will also include in the letter that i think it is pointless 2 fully grown men arguing about the situation and that all i want is the right to maintain my fence without the need to keep on asking to remove his property which is actually trespassing. To be honest i dont know what he will say so i will have to wait and see :roll:
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Re: My Fence, neighbours climbing plants, screws and trellis

Postby garfield » Fri Jun 10, 2016 9:36 am

Thanks for your reply macadam, with regards to the super douper weed killer i was jesting. I can remove my fence panels from my side of the garden without going into his....just a bit of a pain thats all but nothing a multi-tool cannot cope with. I will be sending him a letter on Monday stating the facts and giving him 21 days to remove any and all attachments which is fair notice, i will also include that if he wishes to open a dialogue to resolve the boundary issue then i will be more than receptive. To be honest I dont know what he will say or do, he is the type of chap who is used to people not arguing with him. If he does turn argumentative i might just remove the fence panels (thanks despair for the :idea: )and leave an open gap with just a small plastic chicken wire fence installed to keep my dog in my garden....will see how it goes :wink:
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Re: Neighbour's hedge within my boundary

Postby span » Fri Jun 10, 2016 10:33 am

Make it 10 days instead. 21 is a bit wishy-washy.
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Re: Neighbour's hedge within my boundary

Postby garfield » Fri Jun 10, 2016 10:34 am

Thanks span, will do
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