Neighbour built fence on my land whilst I was on holiday!

Neighbour built fence on my land whilst I was on holiday!

Postby jh321 » Sun Apr 30, 2017 10:37 am

I've just returned from abroad and discovered a new fence has been put up on my land, and he has taken about 8-10 inches depth of my land as a result.

The boundary was actually a hedge that ran between the two properties, and has been there for decades. This is not a new neighbour and would have enjoyed this pretty boundary for many years.

We did also have a small chain link fence on our side to try and stop our small
Dog running into his property. But he knew why this was there, and it was only 3 ft high or so and behind the high hedge. It didn't form a boundary, it was just an attempt at a barrier after our dog ran into his garden.

Whilst we were away he has (or his fencer) come through the hedge, come into our property and removed masses of tree branches, plants, bushes etc, he has removed the chain link fence, and then installed a wooden fence in concrete posts. We have lost about 10 inches depth running the entire length of the garden. It's also sad to see how much of our undergrowth, plants etc were removed. Plus they've levelled our land etc, removing growth. Plus we have the eyesore of this fence when for years we had a wonderful hedge, plus all the growth around it that he has removed. The hedge is still there but he's now incorporated it into his garden and we can't see it.

We have written to him, no reply. Can we remove it? If he wants to put up
A fence then surely he has to put it on his land!

Any advice gratefully received!
jh321
 
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Re: Neighbour built fence on my land whilst I was on holiday

Postby arborlad » Sun Apr 30, 2017 11:13 am

Is this the same neighbour/boundary as in either of these two threads?

viewtopic.php?t=19481

viewtopic.php?f=6&t=19141
arborlad

smile...it confuses people
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Re: Neighbour built fence on my land whilst I was on holiday

Postby jh321 » Sun Apr 30, 2017 11:22 am

Different neighbour and property, and different circumstances, (in particular as they have taken a large amount of land), and hoped someone would be able to help again!

Sorry is this not allowed?
jh321
 
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Re: Neighbour built fence on my land whilst I was on holiday

Postby MacadamB53 » Sun Apr 30, 2017 12:54 pm

Hi jh321,

you don't mention who owns the hedge.

but regardless, if he's erected a fence on your side of the hedge it's stood on your land UNLESS he can provide convincing evidence the hedge doesn't mark the boundary.

please bear in mind that this may have happened out of ignorance rather than cunning.

Kind regards, Mac
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Re: Neighbour built fence on my land whilst I was on holiday

Postby jh321 » Sun Apr 30, 2017 3:32 pm

We are not sure who owns the hedge, but we understood it to be shared. Both houses are over 100 yrs old so deeds aren't specific, but both we and our neighbour have been there for at least 30 years with the hedge forming the boundary and maintaining our own sides to it.

When our dog ran through we put the small wire fencing in to stop it happening. So he would have known that we put that in too, but that the hedge was still the boundary.

I had hoped it was a mistake but he has ignored the letter that we wrote. He would also have known we were going to be away for an extended period when the work was done.

And also I understand he has sold off this part of his land and just obtained planning permission to build a very large 5 bed house so I assume this fencing has been done as part of that.

This is a horrible situation as he has come through the fence onto our land, removed the small dog link fence, removed numerous of our plants, shrubbery, tree branches etc, and then put a fence on our land. The area of garden he has taken is not insignificant e.g. 8 panels or so long.

Does this give a bit more background? We can try and contact him again but as he has ignored the previous letter we would love to know a bit more about our options, any advice would be really appreciated. Can we remove his fence? Can we get him to?

Many thanks in advance!
jh321
 
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Re: Neighbour built fence on my land whilst I was on holiday

Postby despair » Sun Apr 30, 2017 3:35 pm

he wants to sell the section of land so you have the whiphand by starting a neighbour dispute
check all your mortgages ,insurances credit cards etc for legal expenses cover

maybe he has sold to a developer and its the developer who trespassed ...you need to establish who did the job and sue them
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