Replacing old fence broken by Neighbour

Re: Replacing old fence broken by Neighbour

Postby despair » Sun Jun 25, 2017 5:53 am

very good Arborlad
the OP has already warned the neighbour they want to install a new fence
that the neighbours old fence and ladder are preventing that

2months on and the neighbour has done nothing and refuses to co operate

its the neighbour who is being antagonistic and causing all the problems not the OP
but now you think the OP should roll over and find a solution
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Re: Replacing old fence broken by Neighbour

Postby jdfi » Sun Jun 25, 2017 9:54 pm

mugwump wrote:
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.


His side of the boundary, rather than on it? This isn't a mesne fence?
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Re: Replacing old fence broken by Neighbour

Postby arborlad » Mon Jun 26, 2017 1:15 pm

despair wrote:very good Arborlad
the OP has already warned the neighbour they want to install a new fence
that the neighbours old fence and ladder are preventing that

2months on and the neighbour has done nothing and refuses to co operate

its the neighbour who is being antagonistic and causing all the problems not the OP
but now you think the OP should roll over and find a solution




I've suggested no such thing - I've advised discussion, you've advised letter writing.

The OP has a fence he doesn't own which is causing him issues, the neighbour has a fence she does own but isn't causing her any issues..........the OP has good access to the fence, the neighbour has bad access - you join the dots to see which approach is likely to have the best outcome.

The amount of inaccurate conflicting advice from you in this thread is quite staggering!

You cannot replace one fence with another without first removing the original - it simply can't be done. The two end posts must be removed, there is no alternative to that, how many and in which way the inters are removed will depend on how the new posts line up with the existing - but go they will. The notion that you can work around the posts and cut panels is just too ludicrous to comprehend!
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Re: Replacing old fence broken by Neighbour

Postby despair » Tue Jun 27, 2017 3:31 pm

I am well aware the first and last posts nay well have to be removed
Unless some ingenuity can come into play
But totally removing all the intervening concrete posts is definitely not to be recommended unless you want a real boundary dispute on your hands
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Re: Replacing old fence broken by Neighbour

Postby Colobos » Tue Jul 04, 2017 8:41 pm

Right so to update:

I now have a new fence 7 panels long inbetween my house and the neighbours.

Its 2 panels short of the end of my garden, most of the old posts are still there and the fence is on my side of the old posts so no boundary disputes.

It's just the fallen ladder on her fence thats leaning into my garden by about 40cm.

Is there anything I can do about her fence leaning dangerously into my garden?
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Re: Replacing old fence broken by Neighbour

Postby arborlad » Tue Jul 04, 2017 9:11 pm

Colobos wrote:Right so to update:

I now have a new fence 7 panels long inbetween my house and the neighbours.

Its 2 panels short of the end of my garden, most of the old posts are still there and the fence is on my side of the old posts so no boundary disputes.

It's just the fallen ladder on her fence thats leaning into my garden by about 40cm.

Is there anything I can do about her fence leaning dangerously into my garden?




You really have followed some very poor advice - lost land, wasted time, money and have an ineffectual boundary feature. Despair has a lot to answer for :roll:
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Re: Replacing old fence broken by Neighbour

Postby despair » Tue Jul 04, 2017 10:15 pm

stop blaming me Arborlad

the OP has obviously done the best they could in the circumstances ....i do not understand what the old girl next door thinks she is acheiving by being so darn difficult

but equally the OP should have the right to cut back anything which crosses the boundary and return/offer back the arisings they sure can if its a tree trunk or hedge
so why is a rotten old ladder any different ?
one thing is certain Arborlads only suggestion is negotiate ....but clearly theres zero negotiation possible with some neighbours
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Re: Replacing old fence broken by Neighbour

Postby arborlad » Tue Jul 04, 2017 10:22 pm

despair wrote:stop blaming me Arborlad




No - the blame for the poor outcome lies exactly where it should.

What a shambles!!
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Re: Replacing old fence broken by Neighbour

Postby Colobos » Wed Jul 05, 2017 5:25 am

The fence is on my side of the boundary because:

A: Her son wanted it there to avoid any future boundary issues.

B: Because then she can keep staring at her rotten fence rather than a new one for being so bloody minded.

C: Because if my new fence was on the boundary I would have had to remove the old fence which wasnt mine and would have made the leaning part collapse making me liable for destroying the fence and her ladder/ivy/arch monstrosity.

Not because of either of you arborlad or despair.

As soon as the leaning rotten fence is sorted by either being pulled back or collapsing onto my land and being pushed back the rest of the fence will go up.

I will ask again, is there nothing i can do? or anyone i can contact about a dangerous fence?
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Re: Replacing old fence broken by Neighbour

Postby Collaborate » Wed Jul 05, 2017 7:17 am

arborlad wrote:No - the blame for the poor outcome lies exactly where it should.

What a shambles!!


The OP doesn't seem to agree with this, funnily enough.
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Re: Replacing old fence broken by Neighbour

Postby arborlad » Wed Jul 05, 2017 12:20 pm

Colobos wrote:I will ask again, is there nothing i can do? or anyone i can contact about a dangerous fence?




The owner, same as it's always been, nothing has changed in that respect. There's nothing from that one photo that makes the fence appear dangerous, if there's other photos that do, feel free to share.

Duplicate fences are always wrong - but they break no laws so there is no force of law that can be used to remove it.

I asked who was doing the work but got no response, I am always willing to chat to neighbours to arrive at a positive outcome for both parties.
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Re: Replacing old fence broken by Neighbour

Postby despair » Wed Jul 05, 2017 12:24 pm

Obviously the OP did his own fence no doubt because he cant afford someone like Arborlad ...however I doubt even arborlads skills could sort the silly old biddy next door

If I was the OP I would keep pushing at the ladder its probably rotten and will fall back
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Re: Replacing old fence broken by Neighbour

Postby Colobos » Wed Jul 05, 2017 6:38 pm

The fence section after the lean is made from a totally different style of fence it is longer than the usual 1.8m panel size and its nailed to the leaning section and then goes behind it on her side. The last panel is held in place by 2 nails in a another rotting piece of wood and then held together by masses of ivy.

The ladder is simply not just a ladder leaning on the fence it was made up of 2 wooden ladders connected together and propped on the side nearest the fence with a steel pole, forming a n shape.

Since the n shape was made both ladders are infested with ivy and subsequently the ladder at the top of the n shape has snapped in half the steel post fell over and both landed on the fence.


This is how much it leans over, note the concrete post is holding up the fence. The post its self is cracked on the other side due to the steel reinforcement rusting.

IMG_0091.JPG
Lean
IMG_0091.JPG (164.53 KiB) Viewed 537 times


This is the bottom of the post after the ladder leaning on the fence.

IMG_0096.JPG
Post2
IMG_0096.JPG (146.86 KiB) Viewed 537 times


This is the bottom of the post before the ladder section.

IMG_0088.JPG
Post1
IMG_0088.JPG (161.3 KiB) Viewed 537 times
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Re: Replacing old fence broken by Neighbour

Postby despair » Wed Jul 05, 2017 7:54 pm

right .... Arborlad you so darn clever whats your solution ?
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Re: Replacing old fence broken by Neighbour

Postby MacadamB53 » Wed Jul 05, 2017 10:42 pm

Hi Colobos,

you want to build yourself a new fence.
it makes perfect sense for the neighbour to have their knackered fence and overhanging pile of junk moved before you do this.
the neighbour is happy for you to remove her knackered fence for her.
the neighbour is happy to get the overhanging pile of junk moved for you.

the only issue you face at present is she doesn't seem in a rush to get that done for you.

why not put the camera away and go have another chat to see if the two of you can work it out.

Kind regards, Mac
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