Neighbour agreed we put up new fence;now being difficult

Neighbour agreed we put up new fence;now being difficult

Postby Yascka » Mon Nov 07, 2016 7:21 pm

Hello there, my husband went over to our neighbors to discuss putting up a new wooden garden fence; he initially said no; my husband said fine we'll just tear down our part (trellis attached to our pagola full of roses;Ivey that is on our side of the property) and put a new fence higher fence against the old one. He then said he will contact his lawyer but then in the same breathe said okay but it he wants to be involved as he wants to retain as much of the growth on his side as possible we also agreed to inform him when the fence will be put up etc. We have been over accommodating as he watched our fence contractor like literally all day measuring each time a post was cemented in. Ultimately he realised none of the foilage growing from our side could be saved (he wanted it pushed back in to his garden) and the entire lot had to be removed which he refused to pay for. The roots were also removed from our side which meant plants were dying on his side. We requested to put trellis work above the fencing and asked permission to make it two metres which he agreed to. The trellis work is being put in tomorrow as it was bespoke and took a few weeks to make. In total it has cost me £2000 to put up the fence. Yesterday he spoke to my husband (I find our neighbour patronising and prefer not to speak to him) informing him that he is not happy that he can see the wiring of our pagola (which he is unlikely to see once the trellis is up). He has threatened to put up his own trellis to hide the "wiring" which would not be in line with the 2 metre regulations.

He has also accused my husband of being underhanded and is now saying it is his fence and that we put it up under false pretences. There is a third party, fence contractor, that was very helpful and explained to our neighbour what work was going to be done before he even started the work; advising the dates etc of when the fence was being put up. At no point did he indicate that it was his fence (we moved in to our property almost 2 years ago). My husband said if he wants to claim the fence we are happy to be compensated the £2000. To which he said no. He is now stating that he will contact his solicitor and will be putting up his trellis against our new fence. My husband then stated he would contact the relevant authorities as he would be in breach of the regulations and will hold him liable for any damages that he causes to the fence. What is our position? As he agreed for us to put up the new fence is it our fence? He has not paid a penny towards the new higher fence. Can we make a complaint if he attaches his trellis to our new fence (apparently to grow roses) - roses grew before but the root system was all on our side which since has been removed (20 years of growth on their side). I do not want to continuously maintain our side of the fence because of his overgrowth of ivy and rose bushes etc. When I did this with our old pagola trellises he kept invading my privacy and telling me off when I was cutting back the ivy from our side from my own trellis! Hence the reason the new fence went up - as a home owner I felt I had no privacy in my own garden.
Attachments
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New fence
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Our pagola with trellis in between
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Over growing Ivey from his side
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Yascka
 
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Re: Neighbour agreed we put up new fence;now being difficult

Postby Collaborate » Mon Nov 07, 2016 11:10 pm

It all depends on whether the deeds can give you a clue as to who owns the fence. If it was his to start off with, then you have paid to replace his fence. He can attach what he wants to it. If it is a jointly owned fence, so straddling the boundary, that you've replaced again he can attach things to it. If the fence is yours he can't attach anything to it.

Whoever owns the fence you can't make him pay towards it.
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Re: Neighbour agreed we put up new fence;now being difficult

Postby despair » Tue Nov 08, 2016 12:28 am

if all that ivy is growing from the neighbours you are legally entitled to cut off every single shred and offer it back or dispose of it
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Re: Neighbour agreed we put up new fence;now being difficult

Postby Yascka » Tue Nov 08, 2016 4:51 pm

Collaborate wrote:It all depends on whether the deeds can give you a clue as to who owns the fence. If it was his to start off with, then you have paid to replace his fence. He can attach what he wants to it. If it is a jointly owned fence, so straddling the boundary, that you've replaced again he can attach things to it. If the fence is yours he can't attach anything to it.

Whoever owns the fence you can't make him pay towards it.


Hi there, the original fence was replaced by the second or third owners of the home (who put up the Pergola); the house was built in 1991. They had an agreement in place of some kind for putting up mesh wiring so that their cats could not get through to each others gardens.
Yascka
 
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Re: Neighbour agreed we put up new fence;now being difficult

Postby Yascka » Tue Nov 08, 2016 4:53 pm

despair wrote:if all that ivy is growing from the neighbours you are legally entitled to cut off every single shred and offer it back or dispose of it


I thought as much; it was also our trellis not his where all the ivy was growing through. I became so paranoid each time I tried to cut back anything because he would be out in the garden within seconds looking at what I was doing.
Yascka
 
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Re: Neighbour agreed we put up new fence;now being difficult

Postby despair » Tue Nov 08, 2016 7:24 pm

cut every shred of ivy right back to the boundary
br sure to offer back the arisings so you cannot be accused of theft
if its your fence its time he faced the fact that legally he simply cannot grow any climber up your fence
he cannot attach anything to it
he cannot paint or stain it either
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