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tunk
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Help

Post by tunk » Fri Feb 01, 2019 11:07 am

Neighbours replaced old wall with a new fence , they didn't give us any say so on how or who was doing it , they just want half the money . There land is a good 18 " above ours and they have had 2 gravel boards with panels on top , at the back you can put your fist through the gaps at the corner of the gravel boards and nothing seems to be supporting them , the concrete at the back of my garage the only access to my land at the back has been damaged and in that place there is only one gravel board resting on top the concrete (so it's in my garden), to the side of this the bottom gravel board has had a quarter of its length cut off , I just don't believe that this fence will not fall over , it was put in during the freezing weather with a dry mix , dont know what to do .

Collaborate
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Re: Help

Post by Collaborate » Fri Feb 01, 2019 11:15 am

What do your deeds say about ownership of the wall? What condition was the wall in?

tunk
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Re: Help

Post by tunk » Fri Feb 01, 2019 11:21 am

The wall was built by her father and was after deeds were drawn up , but I suspect at the time it was over the boundary , I am not concerned really if they are over but I need to repair my walkway and I can't because gravel boards are resting on top of it , this walkway used to be on my side of the wall , my main concern is i dont think it will hold all the soil back , i wish i could show pictures all the mess and repairs that need to be done are my side

Collaborate
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Re: Help

Post by Collaborate » Fri Feb 01, 2019 12:58 pm

If they remove a wall that holds their land in, and which stands wholly on their land, they should replace it with something that does the same job, and which also stands wholly on their land. Speak to them and ask them to get the fencer back. At the same time invite them to come and see it from your side, so they can see that it's unlikely to do the job.

IdefixUK
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Re: Help

Post by IdefixUK » Fri Feb 01, 2019 5:59 pm

Hello tunk,
I think that if the wall which has now been 'replaced' by the fence was built and paid for by the neighbours years ago,then you almost certainly have no responsibility to pay towards the new fence. (If the neighbour thinks that they have a right to ask for payment ask them to put in writing the legal basis for this demand). Furthermore, assuming that the wall was in situ for a good number of years then the position of that wall (your side of it) has become the boundary between the properties.
From what I glean from what you're have written so far it would seem that the fence has been moved over the boundary a bit so as to enclose a bit of your garden. This happens in some cases of fence replacement, sometimes by accident, sometimes by greed driven design, and sometimes for convenience of putting up the fence. Often enough the land owners let the matter go so as to keep the peace (as it were). You indicate that the new fence position will interfere with your ability to repair your pathway so I think you do need to get your neighbour to shift the fence to the position of the old wall.
As for the quality of the workmanship, missing gravel board section etc. I rather think that you cannot complain until such time as you actually suffer some loss, although you should mention it to the neighbour so that they are aware that the existing fence is unlikely to be able to stop their higher land falling onto yours, and that when they rebuild the fence it would be wise for them to ensure that a better job is done of it.
Have a look for some photos or other evidence that clearly show the position of the old wall, and take pictures now of the fence. Check to see if you have legal expenses insurance ( sometimes as part of your house insurance, or bank account etc.) just incase at some stage you need to get 'official' with the neighbour. It is always good advice to try to keep on good speaking terms in such situations, as soon as a solicitor's letter is sent that is the time when defences are raised and heels are dug in. It can also mark the start of significant deterioration in neighbourliness, when this is all sorted out you will probably still be neighbours after all.
Regards

arborlad
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Re: Help

Post by arborlad » Sat Feb 02, 2019 10:16 am

Best stick to one thread - you still have time to delete your new one:
tunk wrote:
Sat Feb 02, 2019 9:18 am
I have a concrete walkway behind my garage the only way to access my land at the back , neighbour has erected new fence , posts are just over meaning some of my walkway which is concrete has been drilled away to accommodate them , not a great deal but he can't get gravel boards behind properly without drilling away more of my walkway , this has led to my walkway now needing to be repaired , which I now cannot do because his fence will fall down his gravel boards are resting on the walkway which was entireley on my side of the old wall , i know it is petty but can i make him move the fence posts so that his fence stands independently to my land so i can repair the walkway , all the ends have collapsed since his workman had his jigger drill on it .
arborlad

smile...it confuses people

tunk
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Re: Help

Post by tunk » Sat Feb 02, 2019 10:47 am

If I could delete it I would

Collaborate
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Re: Help

Post by Collaborate » Sat Feb 02, 2019 10:56 am

tunk wrote:
Sat Feb 02, 2019 10:47 am
If I could delete it I would
what on earth made you think to start 2 threads?

arborlad
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Re: Help

Post by arborlad » Sat Feb 02, 2019 11:26 am

Collaborate wrote:
Sat Feb 02, 2019 10:55 am
tunk wrote:
Sat Feb 02, 2019 9:18 am
can i make him move the fence posts so that his fence stands independently to my land so i can repair the walkway , all the ends have collapsed since his workman had his jigger drill on it .
Yes. And you can get him to pay for the damage to be repaired.
arborlad

smile...it confuses people

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