Boundary fence & knotweed

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wales78
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Boundary fence & knotweed

Post by wales78 » Thu Oct 05, 2017 4:00 pm

Hi,

I live in a row of terraced houses and my back garden is separated from the back garden of a row of terraced houses behind it by a fence. The fence is in a complete state of disrepair and one more bout of bad weather will destroy it completely.

The damage to the fence has been caused by the house behind as they have piled up a large amount of earth against their side of the fence causing the bottom of it to bow heavily onto our garden. The issue we have it that the earth/soil contains Japanese knotweed so we cannot just remove the earth ourselves to solve the issue.

The house is rented and the tenants speak little English but have provided details of the letting agency. The agency won't give us the landlady's details but have passed onto her letters which we have written given her so many days notice to deal with the issue but we had no reply and the letting agency advise they can't help further.

Are we legally allowed to bag up the earth in the garden of the offending house so that we can put up a new fence which will be at our own expense despite the problem not being our fault? One of my main concerns it there is the remnants of a small wall not far behind the fence which may have been the original boundary wall and the landlady then trying to hold us at fault for the knotweed although the fence has been in the same place in the 11 years we've lived there.

Any help or guidance would be appreciated.

Thanks.

MacadamB53
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Re: Boundary fence & knotweed

Post by MacadamB53 » Thu Oct 05, 2017 5:39 pm

Hi wales78,

IMHO the eradication of the Japanese Knotweed should be your main concern for now and would suggest as many affected in the locale get together to hire a suitably qualified and experienced professional.

once that's done the pile of earth will probably no longer exist and you can erect yourself a new fence on your land at your leisure if you still want one.

kind regards, Mac

mr sheen
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Re: Boundary fence & knotweed

Post by mr sheen » Thu Oct 05, 2017 9:47 pm

You are legally allowed to replace your own fence on your land or erect a fence on your own land.
Removing anything from land you do not own leaves you open to claims of theft or criminal damage

Collaborate
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Re: Boundary fence & knotweed

Post by Collaborate » Fri Oct 06, 2017 7:18 am

Find out who owns it by making a visit to the land registry website and getting title information from there. If there is both leasehold and freehold title look for the leasehold.

wales78
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Re: Boundary fence & knotweed

Post by wales78 » Fri Oct 06, 2017 1:21 pm

The Japanese knotweed is primarily in the row of gardens behind ours and it it currently being treated over 3 years by one of the local councils but they are only spraying it to kill it off and therefore the mound of soil against the fence will remain there.
As soon as any attempt to take the fence down from my side starts all the soil against it is just going to fall further into our garden - as it is not ours are we able to bag in up on their land as without doing this there is no way we could even put a new fence up.

MacadamB53
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Re: Boundary fence & knotweed

Post by MacadamB53 » Fri Oct 06, 2017 1:38 pm

Hi wales78,

if the wall predates the fence and is in your garden then the fence isn't yours so, as things stand, removing the fence without the owner's permission would be unlawful and likely illegal too.

kind regards, Mac

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