Neighbour wants to to use our side of garden to erect fence

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Primed101
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Joined: Fri Oct 13, 2017 8:49 pm

Neighbour wants to to use our side of garden to erect fence

Post by Primed101 »

Our neighbour wants to replace the existing wooden fence at the front of the garden and to do that, he wants to have access to our front garden.

Under normal circumstances it wouldn't be an issue, but in the recent past he has also said that the fence running down the side of the house (it's his fence) is in the wrong position by about 6 - 8 inches in our favour.

We have not moved the fence, it has been in situ for approx 25 years and there has been 3 changes of ownership of our house whilst he has lived there, so essentially from the advise I have received (from this forum and outside) is that he can't really object to the fence.

So my question is, that in the light of the above, do I have to allow him access to my property so that he can do the front of his fence or can I tell him to do it from his side only?

Many thanks
despair
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Joined: Mon Mar 14, 2005 7:07 am

Re: Neighbour wants to to use our side of garden to erect fe

Post by despair »

Tell him to do it from his side only and be very very sure you with witnesses take lots of photos now complete with measurements from a fixed point and record them all on a plan

Also make sure you have legal expenses cover that includes boundaries on your house insurance so that if he moves that fence towards you wont face large bills
span
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Joined: Sat Nov 06, 2010 1:34 am

Re: Neighbour wants to to use our side of garden to erect fe

Post by span »

Why don't you ask him first where he intends to place the new fence?

Report back here with his answer, then we can give you more meaningful advice.
Primed101
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Joined: Fri Oct 13, 2017 8:49 pm

Re: Neighbour wants to to use our side of garden to erect fe

Post by Primed101 »

I think he just wants to replace the existing fence at the same position.

He has a supporting piece of wood on our side of the boundary, but the rest of his fence panels are on his side.

As I originally posted, under normal circumstances, I would not have a problem for his contractors to come on our side of the garden and install the fence (as long at it is in the same position as is currently), but with him already having kicked up a fuss with the fence line further down the garden, I just wanted some advice as to whether I should say to him to keep his contractors on his side.

I don't want them to come onto my side using the excuse that the want to install the fence and then use that opportunity to look in more detail at the fence further down.
SJC14
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Joined: Wed Nov 01, 2017 2:23 pm

Re: Neighbour wants to to use our side of garden to erect fe

Post by SJC14 »

Primed101 wrote: he has also said that the fence running down the side of the house (it's his fence) is in the wrong position by about 6 - 8 inches in our favour.
We have not moved the fence, it has been in situ for approx 25 years and there has been 3 changes of ownership of our house whilst he has lived there, so essentially from the advise I have received (from this forum and outside) is that he can't really object to the fence.s
It sounds like you agree that the fence is in the wrong side of the boundary but want to keep the status quo. Can you actually prove that the fence has been there for 25 years? The 3 changes of ownership are irrelevant.

For access for the first fence I would suggest that the fence can be built without entering your garden.
arborlad
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Re: Neighbour wants to to use our side of garden to erect fe

Post by arborlad »

arborlad

smile...it confuses people
Volumiza
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Joined: Thu Oct 19, 2017 9:15 am

Re: Neighbour wants to to use our side of garden to erect fe

Post by Volumiza »

Hi again,

I now own the house and the drive. All neighbours have a right of way over the drive to access their gardens, no problem. Our problem neighbours erected a fence across the whole top of the drive and are now hanging signs from it and have also painted a thick black grease over the part that spans my drive. They think that because they bought the fence they now have rights over my boundary so keep putting signs up on my land saying the fence belongs to them. Is painting the grease criminal damage? It is not on their land at all.

Thanks
Primed101
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Joined: Fri Oct 13, 2017 8:49 pm

Re: Neighbour wants to to use our side of garden to erect fe

Post by Primed101 »

Hi arborlad

Yes this is the same fence.

As my previous thread, neighbour was saying that the LR showed our fence straight but over time it had moved. We have bought the house like it was and according to our neighbour the previous owner of their house installed the fence slightly inside their boundary (about 6" to 8") because there were some flowers and plants that he did not want to destroy.

He wanted to re-instate the fence and wanted to move the boundary over to our side. We dug in our heels on this and told him that he had been living there over 20 years so why was he bringing this up now (we know why, because he just build a small side extension so the extra 6" to 8" would be useful). I do have legal cover with my house insurance and they advised that he should have really brought this up years ago, perhaps when he first bought it since he was aware then or when our house was originally sold etc. Therefore we have told him that the fence line cannot be altered.

He is now saying that he wants to change the fence panels at the front of his house and wanted his contractors to come over to my side to install the fence (we live on a hill and we are lower than his house).

I just wanted to know where I stood on this because what I don't want him to do is a reccy for changing the fence and so one day I come home from work and it has all been moved!
Morph
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Joined: Tue Feb 28, 2017 5:01 pm

Re: Neighbour wants to to use our side of garden to erect fe

Post by Morph »

It is best the neighbour obtains your permission to go on your side to erect a new front fence. If you think the contractors need reasonable access to your side, you could state they keep going over to your side to a minimum and only to erect the front fence to the same line as it is now. Most fence contractors I believe know even with permission they keep their access to a couple of feet within a neighbours property. If you’re concerned they’ll do a reccy on the other side fence you could always put your conditional permission in writing. Maybe add you don’t approve of access for changing the side fence. If you’re very concerned just say no. Keep it polite. And take lots of photos on the fences before and raise concerns ASAP if you have any.
Collaborate
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Re: Neighbour wants to to use our side of garden to erect fe

Post by Collaborate »

You could also paint a marker at both ends of the existing fence that shows where the current fence is - that way if they install the new fence in an incorrect position you will have your photographic evidence. Take before and after photos.
jonahinoz
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Re: Neighbour wants to to use our side of garden to erect fe

Post by jonahinoz »

Hi,

Ask for a large deposit to cover any damage or other adverse impact on your property.

Your neighbour's predecessor voluntarily gave up the strip of land, and your neighbour bought what he saw. At what point in time did he become aware that he was eight inches short ... before or after he purchased the house?

Keep in mind, that you wish to sell before he does, he can claim there is a dispute. If he wants to sell first, is there anyway of getting your neighbour to acknowledge that there is not a dispute.

John W
arborlad
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Re: Neighbour wants to to use our side of garden to erect fe

Post by arborlad »

arborlad wrote:Is this the same fence: http://www.gardenlaw.co.uk/phpBB2/viewtopic.php?t=20993

Primed101 wrote:Hi arborlad

Yes this is the same fence.


You should ask Admin to merge your threads.
arborlad

smile...it confuses people
arborlad
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Re: Neighbour wants to to use our side of garden to erect fe

Post by arborlad »

arborlad wrote: Sat Jan 27, 2018 8:38 am
arborlad wrote:Is this the same fence: http://www.gardenlaw.co.uk/phpBB2/viewtopic.php?t=20993

Primed101 wrote:Hi arborlad

Yes this is the same fence.


You should ask Admin to merge your threads.

:roll: :roll:
arborlad

smile...it confuses people
arborlad
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Re: Neighbour wants to to use our side of garden to erect fence

Post by arborlad »

Primed101 wrote: Thu Sep 10, 2020 9:23 pm Hi All

About 3 years ago I did an extension to my house (I have a detached house). My neighbour also did a side extension at the same time.

At that point, he had been living in his house for approx 17 years and I had been in mine for approx 6 years.

When he was doing his extension he said to me that the fence between our houses was in the wrong position. Apparently at one part (the part closest to his extension funnily enough) it was approx a foot in width in the wrong place (i.e. he wanted to reclaim a foot from our side) and a few inches in other places. He explained that the previous owners of his house had moved the fence slightly to because our previous owner but one had rose bushes and they didn't want to disturb them, I have no knowledge of any of this. He also felt that as the Land Registry plans show a straight line as the boundary, so our fence should also be straight (it isn't quite straight and since the houses were build in the 1950's, you would expect some movement)

At the time, I refused to agree to him moving the fence and that was the end of the matter. I was expecting him to escalate the issue, but I have heard nothing since, I had legal cover with my home insurance so was fairly comfortable with any action from him would be defended.

Now up to date, I am looking to sell my house and I was wondering if I get an offer and start conveyancing, whether I should tell my solicitor about the conversations I had three years ago with the neighbour. They weren't formal discussions or a dispute but I would rather be safe than sorry. Also could I take out any indemnity insurance so that I don't have any issues once I have sold the house (there is a very good thread about 3 men that sends shivers up my spine, if I get it wrong!).

I have a feeling that he is going to be a right pain when I have viewings at the house and I just don't want any verbals when people come round to see the house, I can imagine him being the sort of person who would be spoiling for a verbal spat in front of potential buyers in order to put them off.

Any thoughts would be gratefully received.

P
arborlad

smile...it confuses people
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