Neighbour's fence erected on my property

Neighbour's fence erected on my property

Postby Buzzard » Sun Jul 10, 2016 10:54 pm

My neighbours have just had a fence erected on the boundary that separates their back garden from mine, between our two semi-detached properties. The boundary in question is their responsibility in terms of fencing. On inspection, it seems that a portion of the fence crosses the boundary into my property. The 2nd fence post from the house is laid on my property and has put a kink in the fence. I estimate that the fence protrudes about 8-10 inches onto my property at this point.

It might be that the workmen were unable to erect the fence post in question in the correct position due to my neighbour's patio, which is about 12inches above the surrounding ground level and could have made the job difficult. I have not yet had a chance to talk to my neighbours as they are rarely at home.

Of course, I need to clarify the exact location of the boundary, but assuming I am correct, what measures are open to me in requiring my neighbour to re-erect the offending portion of fence?

I am on good terms with my neighbour, though I am disappointed that despite being as helpful as possible in assisting their plans to erect a new fence (I leant them a gate key that gave the workmen access to their garden via my garden, as otherwise the workmen would have had to carry fencing etc through their house) they have not had the courtesy to discuss this matter with me.
Last edited by Buzzard on Sun Jul 10, 2016 11:09 pm, edited 3 times in total.
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Re: Neighbour's fence erecte in my property

Postby despair » Sun Jul 10, 2016 11:03 pm

if the fence is on the boundary how can it be on your property ?
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Re: Neighbour's fence erected in my property

Postby Buzzard » Sun Jul 10, 2016 11:07 pm

despair wrote:if the fence is on the boundary how can it be on your property ?


I've added to the post since your reply. Please read the full post and hopefully it will make sense.
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Re: Neighbour's fence erected on my property

Postby Collaborate » Sun Jul 10, 2016 11:55 pm

The fence is enclosing part of your land for your neighbour's benefit and you are entitled to insist upon its removal. Or you could remove it yourself, but I'd give them notice of that first.
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Re: Neighbour's fence erected on my property

Postby Buzzard » Mon Jul 11, 2016 12:03 am

Collaborate wrote:The fence is enclosing part of your land for your neighbour's benefit and you are entitled to insist upon its removal. Or you could remove it yourself, but I'd give them notice of that first.


Do I gave a legal right to do it myself? The fence is their property and I can imagine this will cause an almighty row.
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Re: Neighbour's fence erected on my property

Postby COGGY » Mon Jul 11, 2016 12:15 am

It is their fence. It is on your property. Ask first for them to move it being polite and firm. This post is on your land and needs to be moved.
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Re: Neighbour's fence erected on my property

Postby despair » Mon Jul 11, 2016 6:43 am

Ditto
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Re: Neighbour's fence erected on my property

Postby arborlad » Mon Jul 11, 2016 8:42 pm

Buzzard wrote:
Collaborate wrote:The fence is enclosing part of your land for your neighbour's benefit and you are entitled to insist upon its removal. Or you could remove it yourself, but I'd give them notice of that first.


Do I gave a legal right to do it myself?




Yes, the part that is wholly on your land is now your property. Ideally, the 'fencer' will be instructed by the neighbour to rectify matters.




The fence is their property and I can imagine this will cause an almighty row.




Only so much of it that is wholly on his land.

This thread has similarities to yours: viewtopic.php?f=6&t=20390
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smile...it confuses people
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