Fence Problem

Fence Problem

Postby oorya » Tue Jul 05, 2016 10:17 am

Arrived home last Saturday from a couple of days away to find two of my fence panels and been replaced by a neighbour to our rear. Now my property is a detached house that straddles three gardens at the rear.

When we moved in there was a 6' fence but not near the rear boundary it was about 12' in as there were a few fruit trees behind and to be honest the garden at that point was a complete mulch so we moved the fence back (I know this was a risk) to a small wall that was clearly the actual boundary between our garden and the houses at the rear. Over the years we have had to make basic repairs to the fence to keep it upright.

On Saturday the women behind us in the middle property had some fence installers remove two of my panels and three wooden posts and concrete 3 concrete posts into my side of the original wall and replace with new panels, I did say to her that she had no right to remove my panels but wouldn't stop the workmen from continuing.

My rear garden is now bordered by what looks like 3 fences, two either side of the concrete posts held up by wooden posts and the middle held up by concrete posts so just doesn't look right. I would add that the fence she has had installed has the gravel boards at the base so she could remove her small wall and annexe a small part of my land.

Clearly at some point in the future if I wanted to replace my fence at the rear of my garden I would run into issues as her fence would be in the way as I would have chosen vertical lap fences for any new fence.

Am I within my rights to ask her to remove her posts and panels and if she doesn't, take them down myself. I would assume my fence panels and posts have gone to that great skip in the sky.
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Re: Fence Problem

Postby mr sheen » Tue Jul 05, 2016 11:17 am

It appears that you moved a fence to what you thought might be the correct boundary first without consultation with the relevant neighbour and they have now done the same.......chance you take when you take action unilaterally. The right thing to do if you dispute the location of the boundary is discuss it and come to an amicable agreement first.

If you choose to move a fence without agreement of where the boundary is, you can't really complain if the neighbour follows your precedent and does the same.

Probably time to discuss the boundary with the neighbour with a view to coming to agreement. However your actions have set the tone and you may now meet hostility.
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Re: Fence Problem

Postby oorya » Tue Jul 05, 2016 1:13 pm

Thanks for the reply.

Firstly I moved the fence to ensure some security at the end of my garden, secondly there is no dispute to where the boundary is, it is a small wall that is at the rear of all the houses at the rear off me, and behind my fence, thirdly I still maintain she had no right to touch my fence.
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Re: Fence Problem

Postby oorya » Thu Jul 07, 2016 1:34 pm

Anyone else with any views on this.

Am I within my rights to ask that she returns my fence to what it was and if she doesn't, am I within my rights to remove the fence she had put up in my garden?

Thanks,
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Re: Fence Problem

Postby Collaborate » Thu Jul 07, 2016 6:57 pm

Provided you are satisfied that the boundary is marked clearly, take plenty of photographs and do as you suggest.
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Re: Fence Problem

Postby despair » Thu Jul 07, 2016 8:02 pm

Ditto
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Re: Fence Problem

Postby arborlad » Fri Jul 08, 2016 7:27 am

oorya wrote:When we moved in there was a 6' fence but not near the rear boundary it was about 12' in as there were a few fruit trees behind and to be honest the garden at that point was a complete mulch so we moved the fence back (I know this was a risk) to a small wall that was clearly the actual boundary between our garden and the houses at the rear. Over the years we have had to make basic repairs to the fence to keep it upright.



Is the fence twelve foot from where it should be or a typo?

Any chance of a sketch which includes something that is original and uncontested.
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Re: Fence Problem

Postby oorya » Fri Jul 08, 2016 9:52 pm

Thanks everyone for the replies.

Hi Arborlad,

When we purchased the property, there was a 6 foot high fence towards the rear of our garden which straddles 3 of the houses at the rear, it was about 12 foot or so maybe a bit more from the actual rear that is bordered by a small brick wall at the rear of the 3 houses behind us.

In between the small wall and the fence were some fruit trees and a lot of leaf mulch that had accumulated over the years as the previous occupiers of our house were elderly and didn't do much gardening. the fence didn't go the full width of the garden but stopped midway down the middle of an old shed in our garden.

The previous owners had been burgled by someone coming in through one of the properties at the rear of us, coming over the small brick wall and entering our garden so we decided to move the fence back to the small wall for some security. The fence was fixed to wooden posts held up by metposts, not the best method but something I would have been looking at replacing once I have retired in a year or so.

As our garden is actually lower than the surrounding gardens the small wall kept the soil from coming into our garden and we also kept the bottom of the fence about 6 to 12 inches off the ground so that the owners behind us couldn't remove their walls and grab our land as the soil would have come straight under our fence.

Last Saturday whilst we were out the lady in the middle house behind us brought in a fencer who removed 2 of our panels and 3 of the posts with the metposts I assume still attached. They then proceeded to concrete some concrete posts our side of their brick wall so effectively on our land and also put in concrete gravel boards and then put in the fences. I returned home before they put the actual panels in and we had an almighty row, I was saying they couldn't do this but they continued and kept prattling on about how I should contact the council, God knows why as it's sod all to do with the council, it's not as if they are council houses.

My worry is they can just remove their brick wall and level out their soil up to the gravel board which will make it difficult for me to replace the whole length of the fence if and when I wanted to


Thanks again for any comments.

PS Not too sure how to load a sketch :?
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Re: Fence Problem

Postby arborlad » Sat Jul 09, 2016 7:49 am

oorya wrote:When we purchased the property, there was a 6 foot high fence towards the rear of our garden which straddles 3 of the houses at the rear, it was about 12 foot or so maybe a bit more from the actual rear that is bordered by a small brick wall at the rear of the 3 houses behind us.



Is there any consencus between the four of you that the wall is the boundary feature and to its ownership?

A small brick wall is not what I would expect in terms of a boundary feature in these circumstances.

Does the wall feature in one of your other threads?

Which is the older property, yours or the neighbour?
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Re: Fence Problem

Postby oorya » Sun Jul 10, 2016 10:38 pm

Thanks again Arborlad for taking the time to post.

I have not posted about this wall before, my only other boundary problem I posted about if my memory serves me correctly was about damage to a fence to the side when a new build went up and the builder destroyed my fence.

There hasn't been any dispute about the boundary at the rear as the original line of the fence was well inside our garden and when we moved it back to the wall between my property and the ones bordering to the rear. There were no complaints and I even had to have a word with one of the neighbours as the small wall was collapsing and pushing on to my fence.

I know the age of my house but not those at the rear, I think that my was built some time after as there was a field between those houses at the back and the main road which we are now on.

I don't think there can be any dispute that the wall or line of it is the actual boundary, the fence is definitely mine (I even have photographs of me up a ladder banging in the posts) about 6 inches in. My main question is what action can I take against someone who has removed two of my panels and which will be languishing on a rubbish site somewhere and replaced by ones of her choosing and not only that but cemented them in on our side of the wall.

Thanks again.

M.
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Re: Fence Problem

Postby Collaborate » Sun Jul 10, 2016 11:58 pm

oorya wrote:My main question is what action can I take against someone who has removed two of my panels and which will be languishing on a rubbish site somewhere and replaced by ones of her choosing and not only that but cemented them in on our side of the wall.


In theory, the right to remove what they've cemented on your land, and damages for replacing the panels not of your choosing with panels that you would prefer.

In practice, the likely damages for the latter are going to be minuscule, so probably not worth the effort. I'd make sure you send them first a dossier proving that they've erected the fence on your land to give them a chance to remove it themselves.
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