Trellis nailed to neighbours fence posts

Trellis nailed to neighbours fence posts

Postby graham03431 » Wed Apr 13, 2005 3:54 pm

I hope that someone out there may be able to shed some light on my little problem:

We moved to our current house two years ago. To the front of the house is a dwarf wall which was built by the previous owners to border a new drive.

Although this boundary was not their/our responsibility, it was built with the neighbours permission and the position was agreed verbally between the builders and our neighbour.

Subsequent to this, the neighbour asked for it to be removed, as it would appear to infringe onto his land by approx 4 inches at one end.

During the hoiuse sale, the previous owners attempted to resolve this issue, but the neighbour was unwilling to discuss the matter, resulting in the previous owners having to assume that he had relented on this matter.

When we moved him, he asked us to remove the wall, relying on the Party Wall Act as his guide. We have informed him in writing that we do not have any objections to him replacing the wall but, since he agreed to the postioning of it, we requested that he carry out the work invloved himself. This was the end of the matter as far as I was concerned as nothing had happened.

Nothing else happned on this for some 12 months, when he then proceeded to erect a 6 foot fence over the top of our wall so that the posts are on our side of the wall!! This was done without consultation and whilst no one was in. He has, in our opinion, made a purposefully bad job of this fence, so that the support frame is on our side, it is not construted level and has screws sticking out creating potentially dangerous points.

We have not done anything about this: he has the benefit of the fence even though it is erected in a manner that makes it an eyesore to us.

In an attempt to rid ourselves this potentially dangerous eyesore, I have recently placed a trellis onto our side and fixed it via wood screws into the support frame.

He has now had the front to ask us to reove this trellis as we did not ask for permnission to put it up!!!

The gentleman in question is well known as a NFH, but we are not interested in playing his childish games. Having read through your very informative forums, I can see that I have made a mistake in placing this trellis up and will remove it. Is there any way I can legally screen this mess without giving him any grounds for us to remove?

Thank you in advance for any help you give me on this matter.
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Postby despair » Wed Apr 13, 2005 4:13 pm

Hey hang on

He has fixed a 6ft high fence with posts on your side of your wall without asking your permission .........bloomin cheek

HE IS THE ONE Trespassing

You can legally remove his posts and put the fence back on his land

Be careful not to damage his fence in the process though

take photos get witnesses while you do this though

see www.bullyonline.org too so you understand the mentality of this NFH

Also be very sure to see that you have legal expenses cover on your house insurance .......if not add it fast

Even though adding it now will not cover you for the fence problem it will cover you for any future games this NFH will undoubtadly play

No wonder the previous owners of your house sold up .........did they declare the problems of this neighbour because legally they must
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Postby graham03431 » Wed Apr 13, 2005 4:26 pm

Thanks for your response, Despair

The problem is that to remove this fence, I wouls need to go on his land and trespass!

I am tempted to leave the trellis where it is, even though it is not strictly legal, and see where he is goin to go from here. I really want to sort this out amicably, but if you cannot talk to the guy, what can you do.

In answer to your final point, it was declared but assumed to be spurious as the neighbour would not discuss the matter with them!
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Postby Angelisle » Wed Apr 13, 2005 4:53 pm

Graham,
I assume from your last post that the matter of previous problems, wall and neighbours fencing is no longer an issue and that it is just your trellis you require advice on.
Is it not possible to stagger and place your own posts along this wall in between your neighbours support frame, then attach your trellis.
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Postby graham03431 » Wed Apr 13, 2005 5:20 pm

Thanks for your suggestion, Angelisle.

Unfortunatley, it is not really practical to put in my own supports as we have a block paving driveway all the way up to the fence.

As you say, the wall and fence situation is over as far as we are concerned. However, I am of the impression that this latest communication is an attempt to ressurect the original problem.

Why do people have to be so obstinate????
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Postby nigelrb » Wed Apr 13, 2005 10:58 pm

Hello Graham.

I think you need to gain a psycological advantage here. Can you try your utmost to fix your trellis to the concrete posts, even if attached by strong wire. This way you have your screening AND you are not infringing upon your neighbours fence framework. You can attach anything to the concrete posts as they are on your property!

If you can achieve this it may place you in the box seat. regards, Nigel
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Postby despair » Wed Apr 13, 2005 11:51 pm

I see no mention of concrete posts anywhere in the original posting

There are wood posts on the posters side of the posters wall .......that makes them the posters property along with trespassing

Hence if the poster wants to attach trellis to the wooden posts he is at perfect liberty to do so

However its still better to remove altogether the fence that has no business being attached to the wrong side of the wall


Bully NFH simply love causing maximum upset and distress .......the only thing they understand is action

Words are totally wasted on them
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Postby nigelrb » Thu Apr 14, 2005 8:40 am

Sorry Graham,

I invented 'concrete' posts for you. Disregard the word 'concrete' whilst considering my posting which 'despair' has kindly echoed for you.
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Postby graham03431 » Thu Apr 14, 2005 10:08 am

Thank you all for your kind replies.

I would love to be able to take this fence down and would do so if it were not for the fact that the dwarf wall is at a slight angle and, if you really wanted to, it could be said to infringe on his land.

Our neighbour is the kind of guy who has done this in the hope that I will break the law in some way, so I am trying to keep my nose as clean as possible.

It has occured to me to erect my own framework, but to be honest, I dont see why I should have to when all I am trying to do is make my drive a little less ugly. What I have done has no effect on his enjoyment of the fence and after all this item is on my side of the wall.

I think I shall leave the trellis for the time being and see how things proceed from here.

Once again, my appreciation for all your help.

Graham
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