Replacing old fence broken by Neighbour

Re: Replacing old fence broken by Neighbour

Postby Colobos » Sat Jun 24, 2017 10:56 am

Well i'm at a loss on what to do then, do i just mark a large area of my garden as a no go? The fence in question is bordering on collapase.

Warn her is the wrong term tbh, i knocked on her door 2 months and politely said i'm going to replace the fence to which her first and only reply was "well you will have to put up with my dogs in your garden while the new fence is being erected".
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Re: Replacing old fence broken by Neighbour

Postby mugwump » Sat Jun 24, 2017 11:14 am

Just to clarify, the boundary is the line between the centres of the concrete posts. The concrete posts pre-date the wooden fence so they form the boundary.

Rather than making part of your garden a no go area just build your own fence along the boundary, taking care not to encroach on the neighbour's land.

If you really want to be pedantic and stick to the wording of your deeds then you need to replace the wires and wire fencing between the concrete posts as that is the boundary fence the deeds refer to.
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Re: Replacing old fence broken by Neighbour

Postby Colobos » Sat Jun 24, 2017 11:27 am

My intention is to remove the old concrete posts and replace it with concrete posts/gravel boards and fence panels in exactly the same position
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Re: Replacing old fence broken by Neighbour

Postby despair » Sat Jun 24, 2017 12:12 pm

That's the last thing you should do
Keep the existing concrete posts or at least their bases just work out your new fencing posts to miss them
Far better to have photographic and in ground proof of original fence to stave off future agro

As the neighbour has dogs it's fully 100% her responsibility to retain her own dogs not you and if she allows them to damage your fence she will be responsible for the costs

So you can add that to your written notice

Because clearly she is ignorant of the law
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Re: Replacing old fence broken by Neighbour

Postby Colobos » Sat Jun 24, 2017 12:33 pm

Shes very unfriendly, unlike my other neighbour who's fence was collapsing and covered in ivy. She let me remove the section and build a new fence section then clear the ivy and was quite happy for me to do it.

Unfortunately 2 of the old posts are right where the new posts will go, so they have to go but I could break one of them under the ground so it can be proved where the original fence is.

Those old posts are a nightmare, the concrete is 3ft down and then 2ft of concrete holding it in place.
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Re: Replacing old fence broken by Neighbour

Postby despair » Sat Jun 24, 2017 12:42 pm

Well aware of the difficulties of those old concrete posts I doubt if you really think about it there's no way to avoid them

Your neighbour may well be difficult and cantankerous but she clearly needs fully reminding of the law
Especially when it comes to retaining her own dogs

I will bet the minute your new fence is in she will remove her rubbish fence and slap red cedar paint on yours
Hence why you must put in writing all the legal stuff I have given you and keep a copy too
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Re: Replacing old fence broken by Neighbour

Postby Colobos » Sat Jun 24, 2017 12:49 pm

I could avoid them but it would mean a smaller panel putting in.


Over half of the current fence has a hedge on her side at 2.4metre tall, I doubt she will be able to get the old fence out plus her trees and hedge has interweaved with parts of the old fence.

The problem in the picture is whatever she had leaning on the fence has pushed the fence about 30cm into my garden so that panel is coming out regardless.
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Re: Replacing old fence broken by Neighbour

Postby despair » Sat Jun 24, 2017 2:50 pm

ok

so push back her rubbish fence
remove as little as possible of existing concrete posts even if it means partial panels they are not hard to cut and strengthen
i have pulled apart 6ft panels and remade 3ft ones much stronger than originals

just leave nothing to chance cantankerous neighbours are quite capable of taking advantage
i would still put nothing past her hedge or no hedge

no point you ignoring advice and then coming back in 6 weeks time when she has ripped out the hedge and slapped paint on your new fence
and allowed her dogs to hurl themselves at it or chew it to bits

we have seen it all on here before
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Re: Replacing old fence broken by Neighbour

Postby arborlad » Sat Jun 24, 2017 3:22 pm

Colobos wrote:My intention is to remove the old concrete posts and replace it with concrete posts/gravel boards and fence panels in exactly the same position




That is the correct way to do it, there's nothing remotely difficult about removing old posts. Will you be doing the work yourself or employing a fencer?

With your chosen type of fence there is no alternative to removing the two end posts, which will be the heaviest ones, the inters will be 9-10ft apart, so a good chance of missing them - with a better choice of fence they could all be missed.
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Re: Replacing old fence broken by Neighbour

Postby Colobos » Sat Jun 24, 2017 3:40 pm

Pushing back the fence is not an option, i'd need a JcB.

The offending object which is bowing the fence out, is 2 wooden ladders joined together and tightly interwoven by ivy and a small tree.

Is there any rule about trees very close to fence/boundarys? She has 2 trees within 1 foot of the fence
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Re: Replacing old fence broken by Neighbour

Postby despair » Sat Jun 24, 2017 4:02 pm

no ...but you can legally cut through fences/branches/roots anything which crosses the boundary
cut back strictly to the boundary and return all offending arisings


just be sure you have good photos taken in front of a witness
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Re: Replacing old fence broken by Neighbour

Postby mugwump » Sat Jun 24, 2017 4:20 pm

despair wrote:As the neighbour has dogs it's fully 100% her responsibility to retain her own dogs not you and if she allows them to damage your fence she will be responsible for the costs

So you can add that to your written notice

Because clearly she is ignorant of the law


Which she is doing at the moment with a fence on her land. If IP removes that fence then it is the OPs responsibility to ensure that the dogs are contained. Not forgetting that it would be criminal damage to the neighbour's property.. The OP has absolutely no rights whatsoever to touch that fence
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Re: Replacing old fence broken by Neighbour

Postby Colobos » Sat Jun 24, 2017 4:49 pm

mugwump wrote:
Which she is doing at the moment with a fence on her land. If IP removes that fence then it is the OPs responsibility to ensure that the dogs are contained. Not forgetting that it would be criminal damage to the neighbour's property.. The OP has absolutely no rights whatsoever to touch that fence


So there is nothing i can do about a fence collapsing onto my land? Other than politely asking her to correct it?
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Re: Replacing old fence broken by Neighbour

Postby despair » Sat Jun 24, 2017 7:14 pm

from the photo i cant see why its not possible to push back that fence

what does this neighbour expect you to do fence 3 ft into your land to skirt round her collapsed fence

you need to find a solution is there no family who can talk sense to her
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Re: Replacing old fence broken by Neighbour

Postby arborlad » Sat Jun 24, 2017 7:27 pm

Colobos wrote:Over half of the current fence has a hedge on her side at 2.4metre tall, I doubt she will be able to get the old fence out plus her trees and hedge has interweaved with parts of the old fence.




Whoever is doing the fence will find it harder with the old fence there but much easier with the fence gone, go and discuss it with the neighbour so you can arrive at a solution that suits both of you.

Don't do it after sending one of despair's antagonistic 'warning' letters :roll:
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