What is the most appropriate action to take please?

What is the most appropriate action to take please?

Postby The Young Ones » Wed Sep 08, 2010 5:45 pm

I have a new neighbour. Down the centre boundary is an old wire fence (oh the goodo days) about a metre high. Over the years the previous neighbour had grown a hedge which grew around the wire fence. We have always maintained our side and our neighbours theirs. Our new neighbours moved with a small child and erected a trampoline right next to the hedge. The child is encouraged to play EXTREMELY noisily and they now have 2 children. The noise encourages my dog to bark. He is 5 and had never barked at anyone whilst in the garden aside from the posty and the doorbell. This week my neighbours have totally obliterated the hedge and have revealed the lovely wire fence. However, what they have also done is to erect a 6ft fence around 2 feet inside the boundary of the remains of the hedge and wire. So in my garden I have the wire fence. Against the wire fence are the roots of the obliterated hedge. 2 feet in front of that is 6feet fence panels. Sorry to ramble on but my query is.......should my neighbour have removed the roots and wire fence? and erected the fence where they came from? I at this point am assuming he has decided to no longer tend his side of the hedge,which will grow back.I no longer have a hedge to maintain but the boundary now is pretty awful and whilst the "remains" of his boundary sits there,I am limited as to what I can do to make the area attractive.It is around 50-60ft in length down from one end to another. The fence panels sit at differing heights. I have no quibble with the fence, just the aparent abandonment of the existing boundary? Roots are on his side of wire fence which sits on the boundary. In terms of the deeds this is his boundary runnung down the left of his property. I amassuming that we can't take any of it away and quite frankly I am not going to spend money improving his boundary. After all he can remove the fence at anypoint and resume ownership of the hedge? Advise on action or should I just shut up? Thank you for reading my ramblings.
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Postby appledore » Wed Sep 08, 2010 6:23 pm

Hi! Yes, it does sound a mess. You could do the same as your neighbour and erect your own fence on your own property. It'll look tidy, but you'll still be able to hear the little darlings on the trampoline unfortunately. :)
Keep calm and carry on.
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Postby Trog » Wed Sep 08, 2010 6:27 pm

What sort of plants were the hedge?

Was it something that will grow back or something that is now gone for good.

If it grows back you can carry on trimming it where it comes through the wire just as you used to.

Leave the wire fence alone as it is both their property, and proof of where the boundary lies should they decide to move the new fence back towards you.
Cats they crap on your drive, on your lawn and in your flower beds, they are vermin.
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Postby despair » Wed Sep 08, 2010 7:29 pm

Obviously the neighbour was too lazy to remove the hedge and replace the wire fence with a wood one

If the hedge was Privet its likely it will grow back all the better and if you allow it to grow a little through the wire you can keep it trimmed to look decent and hide the wire fence and the wood one behind
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Postby Mojisola » Wed Sep 08, 2010 10:32 pm

Before the hedge starts to grow back take photos of the new fence, hedge roots and wire fence. If you get the neighbour in future complaining because the hedge has damaged their fence in any way, you will be able to show the hedge isn't yours.
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Postby catapult1 » Thu Sep 09, 2010 9:12 am

I would be inclined to finish taking the hedge out, remove the wire fence and plant something nice close to the fence. Your neighbour has basicly done you a favour. Ugly now will, with a small amount of effort, become a beautiful border later.

In a few years time (10 or 12) you will have gained this strip of land into your garden.

If the neighbours children and trampoline are such a pain then surely the fence is better? It is at least more of a screen than a hedge I would have thought.

Stop moaning and be thankful they want to screen you out.
My answers are not of a legal nature, only what I consider to be common sense.
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Postby victor508 » Thu Sep 09, 2010 2:24 pm

Your neighbour has not put his fence up tight to the hedge , he has left a 2ft gap, it could be a pathway for later on and access to cut his side of the hedge , either way it is his land to do with as he wants.
If he had planted conifers and left a 2 ft gap to cut both sides would you still want to take out his hedge and fence.
If you did and then sold up , the new owner would then complain that the conifers were overhanging his boundary , because he knows no different.
Another boundary dispute has started , do as Despair said and keep trimming your side and live your life stress free.

Victor.
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Postby Sudynim » Fri Sep 10, 2010 11:07 pm

victor508 wrote:Your neighbour has not put his fence up tight to the hedge , he has left a 2ft gap, it could be a pathway for later on and access to cut his side of the hedge , either way it is his land to do with as he wants.
If he had planted conifers and left a 2 ft gap to cut both sides would you still want to take out his hedge and fence.
If you did and then sold up , the new owner would then complain that the conifers were overhanging his boundary , because he knows no different.
Another boundary dispute has started , do as Despair said and keep trimming your side and live your life stress free.

Victor.


Good advice.
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Postby The Young Ones » Tue Sep 14, 2010 4:51 pm

victor508 wrote:Your neighbour has not put his fence up tight to the hedge , he has left a 2ft gap, it could be a pathway for later on and access to cut his side of the hedge , .........

Victor.


He hasn't left any access to the gap, so clearly doesn't intend to trim the hedge or maintain the old wire fence.

From my perspective this seems short sighted, since his lovely new fence is likely to be damaged if the hedge does grow back with any vigour.

The wire fence has been hidden for so long that it has become distorted and corroded whilst at the mercy of the hedge, which I believe has been there 30 years or more. The wire fence probably dates to the late fifties.

Given that this is now only accessible from my property, do I have the right to make it safe, as I believe it cuurently poses a hazard to my children and dog?

Whilst I could erect a new fence on my side of the boundary, it seems ridiculous to create an untended "no mans land" which will ultimately become overgrown anyway.
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Postby The Young Ones » Tue Sep 14, 2010 4:53 pm

catapult1 wrote:Stop moaning and be thankful they want to screen you out.


Thanks for that constructive thought, but I'm not particularly thankful for the corroded jagged mess that has been left behind..........
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Postby mr sheen » Tue Sep 14, 2010 6:18 pm

Your neigbour can do as he pleases with his own land - you do not have a say in anything beyond your boundary, no matter how messy it looks. You can of course put up a fence on your own land to screen off the neighbour's land.

Children make noise - fact of life.

Unless you move to a place where you would have no neighbours you have to accept some things.
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Postby despair » Tue Sep 14, 2010 6:24 pm

You could of course say to the neighbour

"thanks for the gift of land i will now remove the hedge and rotting wire fence "

I bet that wood fence is soon moved to correct boundary
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Postby SCD4 » Sun Sep 19, 2010 4:16 pm

I agree the neighbour has rights.

I would remove the whole hedge and fence. Leave it to grass over and enjoy the extra land or plant some flowers.


I have no idea how some think without seeing the lay out that this can be used.........for maintenance.

If you slammed a fence panel up, 2 foot would be no room to move....try it. How would he access this land???
If they need to call themselves an....... expert......than you know there not.
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