My neighbour has replaced fence without my consent

Taxidad
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My neighbour has replaced fence without my consent

Post by Taxidad » Mon May 14, 2012 9:31 pm

I have a shared boundary with my neighbour. It consists of concrete posts and 5 fence panels. Some of the panels got damaged in the winter and he has decided to replace the 3 panels closest to our properties with panels 6ft high covered both sides with plywood for strength. It is a complete eyesore. The fence is on the boundary line I have no issues with the boundary, I have checked with land registry and it is shared as per the deeds and there are no restrictions. The deeds do not state a maximum height etc. He has left the other panels which one of them is still damaged. I would quite happily gone half costs with him if he had mentioned it to me, and discussed size, materials etc. I need to know what my rights are, can I remove the panels? Can I even touch the fence? I can't talk to him and he has only done it to be bloody minded.The new panels are far higher than the concrete posts. Spoken to citizens advice, got more info off their web page than they could give me. Had 1/2 hour free advice from a RIC'S survayor who said it's a legal matter he could only deal with boundary disputes. I want this fence down and am at my wits end, I can't afford a costly legal battle. Please can someone help.

span
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Re: My neighbour has replaced fence without my consent

Post by span » Tue May 15, 2012 12:18 am

Plant a hedge in front of the fence and forget all about it. Life's too short to fight battles you have no hope of winning.

Taxidad
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Re: My neighbour has replaced fence without my consent

Post by Taxidad » Tue May 15, 2012 12:48 am

Not possible. 1st 1/3 of the garden is decking, 2nd 1/3 is patio with a hot tub that had great sea views and the bottom 1/3 is lawned.

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Mattylad
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Re: My neighbour has replaced fence without my consent

Post by Mattylad » Tue May 15, 2012 3:02 am

Can you put up some reed screening to hide it? B&Q do 2m high screening.

Given that as you say you have sea views I suspect that it can also get quite windy there? Which would explain the strengthening of the plywood. It would be better if it was stained etc.

Consider your neighbor, perhaps he does not want you seeing into his garden etc from your decking or want to see you when your in your hot tub hence the higher fence.

Get yourself screening.
http://www.diy.com/nav/garden/fencing-p ... m-11987858

Taxidad
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Re: My neighbour has replaced fence without my consent

Post by Taxidad » Tue May 15, 2012 7:36 am

Your missing the point. It is not in keeping with what was there before, I don't want it that high. It is a shared boundary. He has not asked permission from me, if he can do this I must have rights too.

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Re: My neighbour has replaced fence without my consent

Post by Conveyancer » Tue May 15, 2012 9:28 am

What exactly does it say on your title?
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Taxidad
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Re: My neighbour has replaced fence without my consent

Post by Taxidad » Tue May 15, 2012 3:54 pm

All it says is:
All adjoining walls are party walls and maintainable and repairable accordingly. Fences and hedges (indicated by "H' marks through the boundaries on the said plan) dividing the property hereby transferred from the adjoining premises are party fences or hedges and maintainable and repairable accordingly.

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Mattylad
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Re: My neighbour has replaced fence without my consent

Post by Mattylad » Tue May 15, 2012 6:56 pm

And your neighbor has replaced the fence without asking you to contribute to it.

Taxidad
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Re: My neighbour has replaced fence without my consent

Post by Taxidad » Tue May 15, 2012 7:22 pm

Thanks for your contribution, but it's advice I am looking for.

He hasn't replaced the fence, he has replaced part of the fence and left the rest damaged and completely different to what he has replaced it with.

Sudynim
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Re: My neighbour has replaced fence without my consent

Post by Sudynim » Tue May 15, 2012 8:13 pm

Taxidad wrote:Thanks for your contribution, but it's advice I am looking for.

He hasn't replaced the fence, he has replaced part of the fence and left the rest damaged and completely different to what he has replaced it with.
You say that you can't afford a costly legal battle, so that leaves two options - You can either let it go (plant some climbers or tie some bamboo screening to the offending panels and forget about it), or you can counter-attack. The obvious way is to remove the offending panels and replace them with ones of your own choice, but that could turn into an escalating tit-for-tat.

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Mattylad
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Re: My neighbour has replaced fence without my consent

Post by Mattylad » Wed May 16, 2012 8:04 am

Your neighbor has done nothing illegal, is not required to provide a fence but has in fact repaired the fencing - it is just that you do not like the way it looks.

What remedy are you expecting to get from this site?

Do you want us to tell you that "he had no legal right to do this and you just have to say to him that he needs to replace the whole fence with a pretty one as its the law" ?? It won't happen.

Either screen it out, replace the whole fencing yourself at your cost or put up with it.

You could ask if you can stain the whole fence your side (not with a spray) in a pleasing colour - but if refused leave well alone.

kipper
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Re: My neighbour has replaced fence without my consent

Post by kipper » Thu May 17, 2012 10:41 pm

Mattylad wrote:Your neighbor has done nothing illegal, is not required to provide a fence but has in fact repaired the fencing - it is just that you do not like the way it looks.

What remedy are you expecting to get from this site?

Do you want us to tell you that "he had no legal right to do this and you just have to say to him that he needs to replace the whole fence with a pretty one as its the law" ?? It won't happen.

Either screen it out, replace the whole fencing yourself at your cost or put up with it.

You could ask if you can stain the whole fence your side (not with a spray) in a pleasing colour - but if refused leave well alone.
Apart from the fact it is a party fence, i.e. jointly owned, and the neighbour had no right to replace any part of the fence without the OP's consent. Sudynim's response sums up the OP's options pretty well.

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Re: My neighbour has replaced fence without my consent

Post by Conveyancer » Wed May 23, 2012 9:36 pm

Fences and hedges (indicated by "H' marks through the boundaries on the said plan) dividing the property hereby transferred from the adjoining premises are party fences or hedges and maintainable and repairable accordingly.

That is an example of lazy conveyancing to avoid the need to work out a proper scheme. There can be few, if any, circumstances where it is appropriate to make hedges, and certainly not fences, party structures.

However, that is what was done and, assuming the fence is the fence which was in position when the declaration was made or is a later fence constructed in the same position as the original fence, then the answer to the question is that the neighbour ought not to have done what he did without consultation.
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duggat
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Re: My neighbour has replaced fence without my consent

Post by duggat » Sun May 27, 2012 8:43 pm

It really gets my goat when advise is 'whats your problem'.
No matter it is a shared fence; the fact they replace it to their liking and not yours is massive.
Also, you may not touch the fence as it is deemed theirs is another purposely unneighbourly thing!
I get so upset sometimes on this site when others deem peoples problems as so trivial.
Everything on this site is relative to the person. Please remember that.
If I were brave and did not have to live with my own controlling neighbours; I would remove all that offends you and replace with suitable pleasing fencing.
I wish you all the best and please accept that sometimes this site is exceptionally good for advice; but sometimes the few just do not get how much an impact neighbours can have.

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Mattylad
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Re: My neighbour has replaced fence without my consent

Post by Mattylad » Sun May 27, 2012 10:43 pm

Duggat, what would you suggest that the OP can achieve from this?

Do you know of some secret law that is going to force the people that put the fence up
with a one the OP prefers without a costly legal battle?

Or how the OP can get this bloody minded neighbor to change it, or be allowed to make it look more to their liking?

The OP has a few choices, those have been pointed out to him.

It gets my goat too, when advice is given but because it is not what the OP wants to hear so we have to magic up something else that had we known about we would have said it in the first place.

There is not a lot we can suggest, either replace it all, obtain permission to decorate it, screen it out or get solicitors involved. Unless you can suggest something else?

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