Buiding fence and trespass

GUNTERYY35
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Buiding fence and trespass

Post by GUNTERYY35 » Sat Jun 09, 2012 6:15 am

Will someone answer my problem please? I went out for a couple of hours the other day and when I returned, my next door neighbour had clearly been trespassing on my land in order to raise his/our dividing fence. He had been trespassing as I had told his father two days earlier neither he nor his father would be welcome on my land, I would treat them as trespassing. The additional, extension (in height) has been put there to annoy us, it is an eyesore.

If my neighbour was not trespassing is he breaking any laws by attaching the extension (a piece of trestle) on my side of the fence? Also, when I came here 6 years ago there was no fence. A couple of years later the neihbour erected a fence without my permission and no prior consultation.

Has my neighbour done anything wrong?

Thank you.

despair
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Re: Buiding fence and trespass

Post by despair » Sat Jun 09, 2012 9:16 am

Do you mean Trellis ?

The neighbour should have attached it to their side of the fence not yours

They should not have trespassed on your land

The total height of the fence must not exceed 6ft6in or 2 metres

You can carefully remove the trellis and return it to their side

andrew54
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Re: Buiding fence and trespass

Post by andrew54 » Sat Jun 09, 2012 10:22 am

I say you should not remove the trellis. It sounds like they have done wrong putting the trellis in your airspace, but the degree of wrongdoing is very slight.

Trespassing is not a criminal offence, and also you have no evidence to show WHO was trespassing. I think you are best to forget the whole thing. If there was no fence the neighbour did nothing wrong to put a fence, and he did not need to consult you.

GUNTERYY35
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Re: Buiding fence and trespass

Post by GUNTERYY35 » Sat Jun 09, 2012 8:52 pm

Thanks, Despair and Andrew54. Can I be greedy and ask another (related) question? The fence mentioned above was erected about two years ago by the neighbour. Before that there was no dividing fence or wall. He simply put up the fence without consulting me. Shouldn't he have consulted with me first to agree on where the fence should be placed? Thanks.

andrew54
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Re: Buiding fence and trespass

Post by andrew54 » Sat Jun 09, 2012 9:08 pm

GUNTERYY35 wrote:Thanks, Despair and Andrew54. Can I be greedy and ask another (related) question? The fence mentioned above was erected about two years ago by the neighbour. Before that there was no dividing fence or wall. He simply put up the fence without consulting me. Shouldn't he have consulted with me first to agree on where the fence should be placed? Thanks.
No he was not obliged to consult you before putting up the fence. He was obliged to put the fence in the right place, on the boundary or within his own land. By not consulting, he was risking having to move the fence if you came up with good evidence that it was in the wrong place. If he had consulted you and you both disagreed, then he would be in a difficult position and with no fence. Sometimes it's best to not consult.

despair
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Re: Buiding fence and trespass

Post by despair » Sat Jun 09, 2012 9:10 pm

he is entitled to put up a fence without consultation but it must not cross the boundary line

so if the fence is across the boundary and into your land and you can prove it thats different

post a photo of the fence then we can judge how unsightly it is

Sudynim
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Re: Buiding fence and trespass

Post by Sudynim » Sat Jun 09, 2012 11:16 pm

despair wrote:post a photo of the fence then we can judge how unsightly it is
Why would that matter? It's the neighbour's fence and he can construct it as he chooses.

despair
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Re: Buiding fence and trespass

Post by despair » Sun Jun 10, 2012 12:14 am

I am well aware the neighbour can put up what fence he likes

the OP says its unsightly

a photo would help us understand the OPs view

Rqually the neighbour has attached trellis on the OPs side by trespassing .............i wonder why he did not attach trellis on his own side

GUNTERYY35
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Re: Buiding fence and trespass

Post by GUNTERYY35 » Mon Jun 11, 2012 1:15 am

despair wrote:I am well aware the neighbour can put up what fence he likes

the OP says its unsightly

a photo would help us understand the OPs view

Rqually the neighbour has attached trellis on the OPs side by trespassing .............i wonder why he did not attach trellis on his own side
Although I cannot be entirely certain I believe the trellis was attached to my side to make a point. On a couple of occasions I told the neighbour he couldn't trespass on my driveway. However, he clearly waited until he had the opportunity to do this and raised the fence (while standing on my drive and nailing the trellis on my side of his fence) during my two-hour absence. I returned and there it was. The man isn't even my neighbour, he's the 'friend' of the woman next door who continues to hassle and provoke me by proxy. The police won't get involved in spite of the provocation and on the face of it this latest act of provocation is legally acceptable.

Mojisola
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Re: Buiding fence and trespass

Post by Mojisola » Mon Jun 11, 2012 10:14 am

How high is the fence now, including the trellis? Is this fence in the front garden or the back?

GUNTERYY35
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Re: Buiding fence and trespass

Post by GUNTERYY35 » Mon Jun 11, 2012 12:01 pm

The fance and trellis is below six foot and in the front yard. I might add, I'm not sure how relevant this is, in the four or five roofers were at the house doing work which they presumably found highly annoying. I don't believe this is illegal, however, and doesn't provide a justification for the prolonging of thr provocation.

despair
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Re: Buiding fence and trespass

Post by despair » Mon Jun 11, 2012 12:19 pm

Unfortunately some neighbours have nothing better to do with their lives than for no good reason cause one petty annoyance after another

If your neighbour is of this ilk then my best advice is to sell and move PDQ

because they simply do not stop and only when a real bully then owns your house and puts paid to their nonsense will it stop

GUNTERYY35
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Re: Buiding fence and trespass

Post by GUNTERYY35 » Mon Jun 11, 2012 3:32 pm

Thanks everyone for your helpful replies. So can I round off this sorry tale by establishing whether or not the neighbour was acting lawfully by extending the fence on my side rather than his own? He had to trespass to do this (which has been covered) but perhaps more importantly he could have more easily extended the fence on his own side. This suggests to me, in fact I have no doubt, that he was trying to provoke me into a response.

despair
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Re: Buiding fence and trespass

Post by despair » Mon Jun 11, 2012 4:32 pm

assuming the back of the fence abutted the boundary line the trellis posts must therefore be over the boundary and yes he had no legal right to either trespass or attach the trellis to your side

But without a photo we cannot give you a definitive answer

I simply suspect he/they did not want to see the trellis posts /attachment on their side

hzatph
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Re: Buiding fence and trespass

Post by hzatph » Mon Jun 11, 2012 6:06 pm

despair wrote:But without a photo we cannot give you a definitive answer
A photo does not answer the questions despair poses. If it is his fence (and it sounds like it is) then he is entitled to fasten things to it on either side so long as they do not protrude. Unless there is physical evidence of trespass then it is possible that the panels were removed from their side, trellis attached and replaced. If there was proven trespass, then that is unlikely that anyone will force them to remove the trellis despite the wrong committed.

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