Dismantling and Erection of a New Fence

Dismantling and Erection of a New Fence

Postby Graham R » Sat Feb 26, 2005 2:57 pm

I live in a terraced property with a long straight boundary down both sides of my garden - about 90 foot.

I have just returned from a 2 week holiday to find that my neighbour has taken down and put up a new fence between his property and mine. No prior consultation of such works was provided to me, though I note from the title deeds that the responsibilty for the upkeep of that fence ultimately lies with my neighbour.

In so doing he/the fencing contractor has accessed my land; poured concrete sporadically over my flowerbeds in putting in the new posts and damaged/removed/trampled over numerous shrubs, climbing plants, a rockery etc. He has also moved the garden boundary by placing the fence on my flowerbed.

Can someone advise me of what rights I have/can rely upon to ask the neighbour to remove and reposition the fence? Is a fence a "party wall" and should I have been notified (if so, how much notice)? Any general advice and recommendations as to what I can do about the damage to the garden would also be appreciated.

Many thanks.
Graham R

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Postby Guest » Sun Feb 27, 2005 7:30 pm

Your neighbour and his contractors have ABSOLUTELY no right to have done any of this

Your neighbour is fully responsible for all the costs of restoring this and you can sue him via the small claims court if nessecary

As for incorrect position you can force him to resite the fence on his side of the boundary too

you need to speak to your neighbour first politely show him the damage and if he refuses to do anything then take formal action against him

be sure to take photos and get independant witnesses to witness the damage too

Postby Cytania » Thu Mar 03, 2005 4:29 pm

Let's clarify a bit. Your neighbour does have a right to take down and replace his fence since the deeds state it was his. Fair enough.

What your neighbour doesn't have a right to do is trespass or damage your property. However the damage you do mention sounds light and difficult to quantify (attach price tag to). Consider small claims but beware getting into dispute if you expect to sell you house any time in the future.
They cut down all the trees, put 'em in a tree museum and charged all the people just to see 'em
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