Neighbour has enforced a 3ft mesh fence joining a 5 ft fence

Neighbour has enforced a 3ft mesh fence joining a 5 ft fence

Postby obiindy » Thu Apr 14, 2005 7:18 pm

A few years ago we moved into our current house, the boundary fence on the left as you looked out into the garden went from the bottom of the garden half way up to the house and then met an existing brickwall, the fence was in a very bad way.
One of the very first jobs we had to undertake when we moved in was to create a fish pond, we had to relocate koi carp from the house we were moving from. After the pond was made we took it upon ourselves to put a new fence up at the bottom, we spoke to the neighbours about this and also on the left boundary, we didn't consult the neighbours about this boundary because at the time we assumed that boundary was ours. We put the left boundary up but only as far as the brick wall, we saw no point in going past the wall. The brick wall joins our neighbours garage which is alongside our garage the gap between the garages is about 12" or so .
We then put some trellis up in the gap as a security measure, we only reason we put up the fences and the trellis was for security and safety, there are lots of schools around us and we saw it as being very important that there was no access to the pond. Our neighbour has now decided we have stolen 6 inches of land, half the gap between the garages that runs along the wall and joins the fence.
The other Saturday our neighbour waited for us to go out then came into our garden without invitation and erected a 3ft plastic mesh boundary line along the wall , this new boundary line is not in keeping with the closed faced fencing panels that it is now joining. We complained to our neighbour and they have now written to us and said that they will replace what they are now calling the temporary boundary fence with a more permanent fence in keeping with the existing fencing but at their due course. We then wrote to them again a month later and asked when the work would be carried out as we wished for this matter to be resolved as quickly as possible and their reply was to not give us a timescale and that if we in any way touched the boundary line we would be carrying out an unlawful act. This mesh fence is behind a 7 ft wall and cannot be seen by our neighbours and i fear that they are adopting an out of sight out of mind attitude, however the mesh is very clearly visible from our garden.

The council have told us that they can do nothing and that it is a civil matter, the problem is that i was made redundant recently and therefore the legal route is not really an option, we do however plan to contact Citizens Advice Bureau.

Thanks in advance.
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Postby despair » Thu Apr 14, 2005 9:09 pm

Your neighbours have trespassed ........pure and simple

remove the plastic mesh and return it to their land

If they truly own the strip of land let them prove it

Download a copy of both sets of deeds from Land Registry web site its £4 a house 2 parts to each set of deeds

these should tell you where the boundary lies

Also exactly how many years ago did you move in and put up your fence ?
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Postby obiindy » Thu Apr 14, 2005 10:47 pm

we put the section of fence up about 4 years ago, the boundary line in question does appear to be our neighbours responsibility, they have already been in trouble with the council and have been made to take down some iron railings and some fencing in the front garden so im amazed that the council wont help us on the back garden issue. the six inches of land they are claiming is really not an issue for us , what we really object to is the hideous plastic mesh that doesnt match.
Yes we do beleive they have trespassed on our property and yes my instinct was just to rip the mesh down, but im not clear on wheather we are allowed to forcebly remove this boundary
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Postby despair » Thu Apr 14, 2005 10:53 pm

You did not give permision for it

You were out

They trespassed on your land

Take it down aqnd return it ..........just do not damage it in the process

Councils have to be pushed sometimes to take action ........maybe the tenants think you complained about their railings etc and the mesh is a retaliation action

See your local Councillor and get them to push the council to control their tenants
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Postby nigelrb » Thu Apr 14, 2005 11:49 pm

Hello obiindy,
One thing that really stands out in your posting is the ownership of the fence. You stated: we didn't consult the neighbours about this boundary because at the time we assumed that boundary was ours. and the boundary line in question does appear to be our neighbours responsibility.

It would be a safe precaution to be absolutely certain that the fences (both fixed and temporary) are on the legal boundary AND that ownership is established either by deeds or surveyors report. I acknowledge the latter is costly, but you need facts before proceeding much further. Regards, Nigel
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Postby obiindy » Fri Apr 15, 2005 7:50 am

the fence that we erected follows the path of the one that it replaced, this fence is not in question for both us and our neighbours, our objection is the mesh extension that our neighbours have imposed upon us.
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Postby obiindy » Fri Apr 15, 2005 8:05 am

Another reason the council wont do anything (we contacted planning , not really sure if this is the right depatment) is because both neither party are council tennants. Our neighbours also know full well that didnt report them on the railings issue because they are also in dispute with neighbours on the other side of them for simalar boundary issues.
The only reason they have done what they have done is becase we have blocked access via the gap between the garages for security reasons and because we have blocked the other end of the fencing for security reasons.
Image
Last edited by obiindy on Fri Apr 15, 2005 3:47 pm, edited 1 time in total.
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Postby despair » Fri Apr 15, 2005 9:13 am

Sorry but i still cant see how your neighbour claims this strip of land is his

Have you downloaded copies of both sets of deeds for both houses £4 a set from Land Registry website

I think its vital to do this first

If the neighbour is correct then your fence would also seem to be in the wrong place

If your neighbour is wrong you can remove his mesh

Mind you even Land Registry and solicitors will tell you that boundarys are plus or minus 20 inches !!!!!!!!!!
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Postby obiindy » Fri Apr 15, 2005 10:10 am

Hi i will up load a couple more pictures shortly that will give different angles. What makes you say that my fence is in the wrong place? we do accept that the small piece of fence that joins the wall is wrong but that gap was closed for security reasons as was the garage end. The wooden fence was placed where the broken one was. im going to look at the land registry site and see whats what. Thanks for helping
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Postby obiindy » Fri Apr 15, 2005 2:26 pm

here are a couple more pics that show different angles
Image

Image
Last edited by obiindy on Fri Apr 15, 2005 3:45 pm, edited 2 times in total.
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Postby Angelisle » Fri Apr 15, 2005 2:53 pm

Obiindy,
Now that you have posted the image showing division between the garages with the trellis + blockwork I can see why your neighbour may have concerns about it. If you or any other previous neighbour have attached anything to his wall garage or otherwise, it should be removed. That is not to say he should trespass to do it permission should have been granted for him to to this. It would seem that it is his wall and he should be liable to maintain it as he sees fit. The gap looks to be an access strip albeit very small and I may be wrong but would assume that use of it may be covered under www.hmso.gov.uk/acts/acts1992/Ukpga_19920023_en_1.htm.
In respect of the size of your images reducing them to largest size of 500 would have enabled easier viewing.
Upon further viewing your images why not continue the line of brown fencing to create your own boundary?
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Postby obiindy » Fri Apr 15, 2005 3:41 pm

I agree with everything that you have said . I blocked both sides but only for security reasons, when we moved into the property both points were open , you could walk straight down between the garages and drop into our garden, you cant drop into our neighbours because of the huge wall.
We have explained that when a secure boundary fence is erected we are more than happy for these areas to be unblocked, but the fact remains that i cannot allow ,particularly the garage area to be unblocked because of security and safety.
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Postby despair » Fri Apr 15, 2005 5:42 pm

While i most certainly do not condone what your neighbour has done i believe from your pictures that the boundary runs dead centre between the 2 garages and thus your best bet would be continue your wooden fencing right through and therefore hide your neighbours mesh

I think your neighbour is merely trying to prove that the 6 inch strip of land is HIS and in this instance i believe he is correct
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Postby obiindy » Fri Apr 15, 2005 7:17 pm

i totally agree with you , the problem is that the boundary in question is we beleive our neighbours to maintain, we have already paid for the fencing that is there, all of a sudden we are expected to continue the fencing at xtra cost to us because the neighbour decides to reinstate the boundary, we are trying to negotiate for them to meet us half way and for them to pay for the fencing across the wall but as you can see they have forced the mesh on us and in doing so have tresspassed to erect it, the most recent developement is that they have agreed to reinstate the fencing in their due course with a style of fencing they choose. But they wont tell us what their due course is , is that a month 6 monthes a year, all the time we are left with this hideous mesh, we feel our neighbours are showing us no respect and no consideration, in a recent coversation they said whats wrong with the mesh its not rubbish.
The point is they cant see it, its behind a 8 ft wall, an out of sight out of mind attitude we are the ones left looking at it.
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Postby twig » Fri Apr 15, 2005 11:08 pm

I agree with what others have said, it would appear that what you have done with the fence and the trellis has prompted him to protect his property. He probably doesn't even know why he wants it but feels he may need it at some point and wants the boundary established (the human equivalent of scent marking :lol: ). This does not excuse his trespass but I can understand why he did it.

Maybe a cheaper, and more pleasant looking idea would be to reassure him that you are not "claiming his territory". Perhaps you both could sign something whereby he gives you permission to use the strip and you accept that it is his.
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