Fencing question

New neighbour, new fence

Postby George.K. » Tue Jul 05, 2016 3:43 pm

Okay, my new neighbour put up a new fence. I was at work and unaware this was happening. I came home to find the last post had moved over about 6 inches into my garden (rest of the fence is relatively straight apart from the last one), my patio (which has bricks running around the edge as design) had a brick removed to get the new concrete post in leaving a space of mud, and the waste/building materials from digging was dumped in my flower bed.

I obviously was not happy and expressed this to both the tenants and the landlord. They called the fence guy back in the next day and they requested access to my garden so that this could be rectified. This was the first time I had been asked. I came home the following day to see that nothing had been changed apart from a wobble on the last panel being tightened and a new pile of rubble being left for me to clear.

I have since found photos of before and after, and can see exactly where the last post should sit. I am awaiting the tenants to provide me with the landlords contact details to forward these to him.

I just wanted to check where I stand with this?

Other neighbours overhead the fence guy explain to the landlord that the reason he put the post over on my side is because their shed is in the way. Is this a justified reason for coming over on my side? And is this normal practice?
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Re: New neighbour, new fence

Postby despair » Tue Jul 05, 2016 4:10 pm

No

Its just an excuse from a lazy fencer
Insist the problem is rectified pdq
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Re: New neighbour, new fence

Postby George.K. » Tue Jul 05, 2016 4:15 pm

despair wrote:No

Its just an excuse from a lazy fencer
Insist the problem is rectified pdq


I did think it was down to laziness. Apparently he was also heard telling the landlord that he was off to Spain the next day - so apparently on holiday this week very conveniently.

I just want to check that I can insist that the post is moved? I've never disputed anything like this before and I know 6 inches is not a lot, but the gardens are small, and my concern is should the fence be changed in the future, the border line from start to finish will shave yet even more land off my garden.
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Re: New neighbour, new fence

Postby despair » Tue Jul 05, 2016 7:48 pm

DEFINBITELY you need to dispute it and insist its corrected even if the landlord has to move the shed

a good fencer should have worked it all out and been able to sort matters
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Re: New neighbour, new fence

Postby George.K. » Tue Jul 05, 2016 8:07 pm

despair wrote:DEFINBITELY you need to dispute it and insist its corrected even if the landlord has to move the shed

a good fencer should have worked it all out and been able to sort matters


Well I had an update from next door tonight. The landlord contacted the fence guy again and the fence guy said he won't fix it - not interested. I have been told that they will try to find someone else to do it, so watching that space.

I do feel sorry for next door as they paid a lot of money - they opted for the most expensive quote - and what they got was a man who just guessed where to put each post! What a cowboy!!! People like that make me angry.
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Fencing question

Postby George.K. » Tue Jul 05, 2016 8:31 pm

Okay, this is a hypothetical question - say you paid a fencing guy to replace your fence, paid a considerable amount of money for the job, and then discovered that the job was done by one man who didn't measure or line up the posts beforehand, and then cut over the boundary line into the neighbours garden just to get the post to fit because a shed was in the way.

Where do you stand? Is the fence guy obliged to move the post into the correct position? Or is it a case of this is where it was put and this is where it's staying?
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Re: New neighbour, new fence

Postby despair » Tue Jul 05, 2016 9:41 pm

The landlord can simply sue the cowboy fencer in small claims court for cost of rectification
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Re: New neighbour, new fence

Postby George.K. » Tue Jul 05, 2016 10:28 pm

despair wrote:The landlord can simply sue the cowboy fencer in small claims court for cost of rectification


I hope they do try this but it sounds like a lengthy process. I think my moaning may have put them off listening to anything fence related lol. It's really irritated me as he paid over 4 times as much as my neighbour a couple of doors down and her fence is in a straight line. yes, he's chosen concrete posts but I'm really struggling to see how the fence guy has justified the quality of materials and quality of labour vs the price. I've seen some really nice fences about, this fence looks like materials have been picked up off the shelf! These cowboys shouldn't be allowed to trade in my opinion.
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Re: Fencing question

Postby mr sheen » Tue Jul 05, 2016 10:34 pm

Depends....
Scenario 1 Reputable Company provided a quote and contract, you outlined exactly what is required, company confirmed detailed specification of works and a contract was agreed including details of exact works to be undertaken and arrangements for 'snagging'. VAT invoice provided

Scenario 2 local fencer offers to put up a fence and a chat about the works results in an amount of cash to be coughed up.

So the closer the arrangement one has is to scenario 1, the better the chance of mistakes or misunderstandings being addressed. The closer to scenario 2, the higher the chance that your money is taken and you never see him again.
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Re: Fencing question

Postby COGGY » Tue Jul 05, 2016 10:51 pm

Hi George
It would really be much better to stick to one thread for one problem. Regards Coggy
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Re: Fencing question

Postby Conveyancer » Wed Jul 06, 2016 8:57 am

If you give a fencer specific instructions he has to follow them or decline the job. If he fails to follow them he has to make good.

If the instructions are vague I think it has to be implicit that the new fence follows the line of the old fence and that any deviation has to be corrected.
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Re: Fencing question

Postby George.K. » Wed Jul 06, 2016 12:06 pm

mr sheen wrote:Depends....
Scenario 1 Reputable Company provided a quote and contract, you outlined exactly what is required, company confirmed detailed specification of works and a contract was agreed including details of exact works to be undertaken and arrangements for 'snagging'. VAT invoice provided

Scenario 2 local fencer offers to put up a fence and a chat about the works results in an amount of cash to be coughed up.

So the closer the arrangement one has is to scenario 1, the better the chance of mistakes or misunderstandings being addressed. The closer to scenario 2, the higher the chance that your money is taken and you never see him again.


Yeah, not me but I am guessing (by the quality of work) it was closer to scenario 2. Hmmmm. Makes you realise the importance of doing your homework on these guys before you let them loose!
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Re: Fencing question

Postby George.K. » Wed Jul 06, 2016 12:10 pm

COGGY wrote:Hi George
It would really be much better to stick to one thread for one problem. Regards Coggy


Hi Coggy, sorry won't do it again! It was kind of a different question - but loosely related to the same subject lol.
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Re: Fencing question

Postby George.K. » Wed Jul 06, 2016 12:18 pm

Conveyancer wrote:If you give a fencer specific instructions he has to follow them or decline the job. If he fails to follow them he has to make good.

If the instructions are vague I think it has to be implicit that the new fence follows the line of the old fence and that any deviation has to be corrected.


Well the new post has definitely been positioned in a different spot to the old one and latest is that the fence guy has said that he will not be moving/correcting it - if they want it moved, they need to find someone else basically.

I am assuming that this is case closed and an expensive lesson to learn?
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Re: New neighbour, new fence

Postby COGGY » Wed Jul 06, 2016 1:44 pm

Your sympathy for the landlord is really misplaced. In any case how do you know how much was paid for this fence? The Landlord owns the property and has an obligation both to his tenant and to yourself.

He has purchased the property and let it to a tenant. Therefore he is not entirely stupid. Probably he was not bothered much about the fence. In fact it is possible that the fencer said he would need to move the last post imo and the Landlord assumed that would be ok. If he did not bother to set the terms that is hardly your fault.

Regards Coggy
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