Fence Dispute

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Rustyigloo
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Fence Dispute

Post by Rustyigloo » Mon Dec 04, 2017 6:52 pm

Hi,

I'm hoping that somebody can help me regarding a dispute I'm having with my neighbour.

Last year we replaced a broken fence between my house and our neighbours. A couple of months later he complained that it encroached on his land. We had a look at it and it was so we arranged a weekend where he was at the property and we paid to have it amended (two of the posts were a couple of inches on his land).

Fast forward a year and he's been banging on my door informing me that one of the amended posts is still wrong and is a few inches on his land. I asked him why it's taken a year to bring it to our attention and he said he only noticed it in August. I then asked why he didn't mention it in August and he said he didn't know whether we would be in?!?

Anyway, I said I wasn't moving it again as he was here when the post was moved. He said he will get a solicitor onto us and it will cost us a fortune.

Today we received the solicitors letter. It just asks us to move the post because our neighbour says it is on his land.

What do I do now? We have photos of the original fence, we have photos of the line being down and photos of the finished fence. The fence line follows the red line on our deeds buts its such a small area it wouldnt show anyway.

My neighbour is quite intimidating and my stomach knots when I think about the situation now solicitors are involved.

Any help or advice would be very much appreciated. Thank you.

span
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Re: Fence Dispute

Post by span » Mon Dec 04, 2017 10:01 pm

You could have sooooo much fun with this, responding to the solicitor acting dumb, querying everything, spinning things out...... Every letter the solicitor writes to you and to him to keep him informed is going to cost him money.

Solicitor doesn't care. Just a job for him. He's going to ge paid, and paper never refused ink.

despair
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Re: Fence Dispute

Post by despair » Tue Dec 05, 2017 8:20 am

Yup just write daft letters back

Rustyigloo
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Re: Fence Dispute

Post by Rustyigloo » Tue Dec 05, 2017 9:11 am

Thanks for the replies.

I think I'm just looking for suggestions of what I may have missed? I mean, why would someone waste their time and money with a solicitor if they didn't have a case?

If I have photos, deeds and the fact he was there when the post was adjusted I should be covered right? I just dont get why he's doing this a year after the fence went up.

I just want him to go away so I thought a short, firm but friendly reply stating that I would not move the post should be ok?

Collaborate
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Re: Fence Dispute

Post by Collaborate » Tue Dec 05, 2017 9:17 am

Don't waste energy wondering why they're doing it. Just comfort yourself with the fact that they're wasting their own money.

despair
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Re: Fence Dispute

Post by despair » Tue Dec 05, 2017 1:36 pm

Just as likely its a mate writing the letters trying to frighten you or bully you

Collaborate
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Re: Fence Dispute

Post by Collaborate » Wed Dec 06, 2017 8:47 am

despair wrote:Just as likely its a mate writing the letters trying to frighten you or bully you
Not at all. That's easily verifiable, and a criminal offence if true. So highly unlikely.

Rustyigloo
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Re: Fence Dispute

Post by Rustyigloo » Wed Dec 06, 2017 9:18 am

Yeah it's definitely a genuine letter. I checked it out at the time. It's quite a mild letter just asking us to move the fence (doesn't specify a date to do this by). I checked it was a genuine letter because the neighbour is so fiery I was expecting a much more feisty solicitors letter.

arborlad
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Re: Fence Dispute

Post by arborlad » Wed Dec 06, 2017 9:25 am

Rustyigloo wrote:Thanks for the replies.

I think I'm just looking for suggestions of what I may have missed? I mean, why would someone waste their time and money with a solicitor if they didn't have a case?

If I have photos, deeds and the fact he was there when the post was adjusted I should be covered right? I just dont get why he's doing this a year after the fence went up.

I just want him to go away so I thought a short, firm but friendly reply stating that I would not move the post should be ok?


The usual reason is someone wishes to develop - conservatory, extension, etc., but has insufficient land to do so.
arborlad

smile...it confuses people

MacadamB53
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Re: Fence Dispute

Post by MacadamB53 » Wed Dec 06, 2017 11:48 am

arborlad wrote:
Rustyigloo wrote:Thanks for the replies.

I think I'm just looking for suggestions of what I may have missed? I mean, why would someone waste their time and money with a solicitor if they didn't have a case?

If I have photos, deeds and the fact he was there when the post was adjusted I should be covered right? I just dont get why he's doing this a year after the fence went up.

I just want him to go away so I thought a short, firm but friendly reply stating that I would not move the post should be ok?


The usual reason is someone wishes to develop - conservatory, extension, etc., but has insufficient land to do so.
+1

despair
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Re: Fence Dispute

Post by despair » Wed Dec 06, 2017 7:17 pm

+2

Rustyigloo
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Re: Fence Dispute

Post by Rustyigloo » Wed Dec 06, 2017 7:32 pm

Thanks everybody, this has been really useful.

SwitchRich
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Re: Fence Dispute

Post by SwitchRich » Thu Dec 07, 2017 9:50 am

Hi Rustyigloo (great name by the way) :D
Your neighbour sounds like right piece of work and it seems ridiculous that he has escalated this all the way to getting a solicitor to send a letter??? And after so much time too...???
It's worth knowing that any map which your boundry has been drawn on is most likely 1:1250. Which means the red line will be approx 12 inches wide when you scale it into real life.
If you want neighbourly relations with this guy then you can offer that he pay the costs of moving the post 1 inch to the left or right while you are present.
Little things like these could escalate into a full blown dispute which would harm you both so it's best to look as if you are offering a proper concession.

Good luck and let us know how it goes! :)

Morph
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Re: Fence Dispute

Post by Morph » Thu Dec 14, 2017 5:32 pm

HiRustyIgloo
You could ignore the solicitor letter as a tactic - but you’ll probably only get another reminder. It seems like you are acting reasonably and keen not to be confrontational. You could reply to the solicitor and put your points as reasonable as you can, include the photos etc and the point the neighbour was there when you kindly amended the posts before and the time lag of the later claim. Then state you don’t think your neighbours claim is justified. That may put it to bed.
But if you get a follow up letter and if you’re not fussed about the inch or two for the one post, you could then state something along lines that you refer to your prior letter and whilst you don’t agree to your neighbours claims, in good faith if the neighbour pays for it to be amended then do it in your presence. If you are fussed don’t offer that.
Don’t panic over a sol letter. It’s his claim to make not yours. If he wants to pay for a full survey for example he can.
Morph

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