Neighbour concreted over fence posts

Neighbour concreted over fence posts

Postby Debsydoolittle » Wed Oct 25, 2017 7:18 pm

Our neighbour has put down a concrete driveway on their side of our fence and built a garage right up to the fence posts. The fence now needs replacing but we cannot get the fence posts out. Are they allowed to do this and what can we do now? Do we need to get the posts out or ask them to?
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Re: Neighbour concreted over fence posts

Postby Collaborate » Wed Oct 25, 2017 8:02 pm

Who's stopping you getting the posts out? They are entitled to build to the fullest extent of their land. If you damage their property removing your posts you may have to pay to have it repaired.
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Re: Neighbour concreted over fence posts

Postby despair » Wed Oct 25, 2017 8:29 pm

Its a shame they did not discuss the whole thing with you beforehand so your fence could be replaced at same time
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Re: Neighbour concreted over fence posts

Postby ukmicky » Wed Oct 25, 2017 11:43 pm

If your posts are on your land and they laid concrete on their land without placing a barrier against your fence posts so the concrete has bonded to your fence posts then if on removal their drive way gets damaged it’s there fault. Provided you give then notice and remove your post carefully so as not to do any more damage than is required to break the bond they can’t argue.

If their concrete drive is not bonded to you fence posts that is a different matter and any damage is your responsibility.

Depending on the type of fence posts you have it may possible to reuse them for a new fence.
Advice given is not legally qualified and you are advised to gain a professional opinion
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Re: Neighbour concreted over fence posts

Postby Collaborate » Thu Oct 26, 2017 7:51 am

ukmicky wrote:If your posts are on your land and they laid concrete on their land without placing a barrier against your fence posts so the concrete has bonded to your fence posts then if on removal their drive way gets damaged it’s there fault. Provided you give then notice and remove your post carefully so as not to do any more damage than is required to break the bond they can’t argue.

If their concrete drive is not bonded to you fence posts that is a different matter and any damage is your responsibility.

Depending on the type of fence posts you have it may possible to reuse them for a new fence.


My guess is that the posts above ground either straddle the boundary or are to the edge, and that the plug of concrete it sits in goes over the boundary.
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Re: Neighbour concreted over fence posts

Postby arborlad » Thu Oct 26, 2017 8:16 am

Debsydoolittle wrote:Our neighbour has put down a concrete driveway on their side of our fence and built a garage right up to the fence posts. The fence now needs replacing but we cannot get the fence posts out. Are they allowed to do this and what can we do now? Do we need to get the posts out or ask them to?




You need to be more specific about the problem, there's nothing to indicate wrongdoing by the neighbours.
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Re: Neighbour concreted over fence posts

Postby Debsydoolittle » Thu Oct 26, 2017 10:05 am

The concrete that the posts are stuck in goes under the concrete of their drive and garage. We cannot get the posts out without chopping away at their concrete.
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Re: Neighbour concreted over fence posts

Postby SwitchRich » Thu Oct 26, 2017 1:10 pm

Do you have a photo you can share?
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Re: Neighbour concreted over fence posts

Postby Collaborate » Thu Oct 26, 2017 10:14 pm

Can you not just cut the post at ground level?
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Re: Neighbour concreted over fence posts

Postby MacadamB53 » Thu Oct 26, 2017 11:46 pm

Debsydoolittle wrote:The concrete that the posts are stuck in goes under the concrete of their drive and garage. We cannot get the posts out without chopping away at their concrete.
I'm guessing the posts can be removed if you know how, and what you really mean is you can't get your concrete out?
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Re: Neighbour concreted over fence posts

Postby arborlad » Fri Oct 27, 2017 8:52 am

Debsydoolittle wrote:The concrete that the posts are stuck in goes under the concrete of their drive and garage. We cannot get the posts out without chopping away at their concrete.





Still no wrongdoing by the neighbour here, when you set the post, some of the hole and subsequent concrete was under the neighbours land, all normal and acceptable. You still have three sides of the post to excavate on your own land if you wish to replace the posts, it's usual and preferable for any concrete under the neighbours land to remain, especially if you are replacing on an exactly like for like basis. What is the age and type of fence, was it damaged by the neighbour?
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