Neighbours new fence

Bobbybob
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Neighbours new fence

Post by Bobbybob » Sat Mar 30, 2019 7:05 pm

Hi I’m looking for some advice please

Last Friday I came home from work and my neighbour had put up a new fence between our back garden. I wasn’t aware he was putting up a new fence it was just done. They have put the concrete posts facing my garden which according to them are still within their boundary which they are probably correct. The concrete posts had at least an inch of bolt sticking out which I asked to be removed but wasn’t because they were within their boundary. I cut them off because my disabled child plays outside and didn’t want him to poke his eye so now I’m facing criminal damage. My concern is I don’t want my child tripping and possibly banging his head on a concrete post. I’ve mentioned my concern but their response was he shouldn’t be near their fence. Is my only option to put up my own fence. I’m not allowed to use their posts. The only thing is I don’t like the sound of two fences back to back with dead space in between. Complete lack of communication on their part and I’ve never had any issue with them before this. Their builder even entered my garden and moved my sons trampoline and garden furniture out the way.

Collaborate
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Re: Neighbours new fence

Post by Collaborate » Sat Mar 30, 2019 11:30 pm

Why do you say you're now facing criminal damage? Have you been charged? I strongly suspect not.

arborlad
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Re: Neighbours new fence

Post by arborlad » Sun Mar 31, 2019 5:03 am

Bobbybob wrote:
Sat Mar 30, 2019 7:05 pm
Hi I’m looking for some advice please

Last Friday I came home from work and my neighbour had put up a new fence between our back garden.



What type of fence was there before, what has replaced it, featheredge?............ what use do you make of that part of the garden, patio, lawn, borders etc.?

You obviously had to act in a timely manner to protect your child, but equally, it's usual for an opportunity be given to correct any errors.





I’ve mentioned my concern but their response was he shouldn’t be near their fence.



None of your household should intentionally damage the fence but if it's been done correctly, it will sit at the limit of his land - he has no control over what you do on your land, which includes 'near' his fence.
arborlad

smile...it confuses people

Bobbybob
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Re: Neighbours new fence

Post by Bobbybob » Sun Mar 31, 2019 8:04 am

Collaborate wrote:
Sat Mar 30, 2019 11:30 pm
Why do you say you're now facing criminal damage? Have you been charged? I strongly suspect not.
Neighbor said they will be doing me for criminal damages for cutting the bolts off. I’m not concerned I did what I did for the safety of my child.

despair
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Re: Neighbours new fence

Post by despair » Sun Mar 31, 2019 9:06 am

I cannot understand how there would be bolts sticking through concrete posts ...what kind of fence have they attached to the concrete posts

Collaborate
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Re: Neighbours new fence

Post by Collaborate » Sun Mar 31, 2019 9:56 am

Bobbybob wrote:
Sun Mar 31, 2019 8:04 am
Collaborate wrote:
Sat Mar 30, 2019 11:30 pm
Why do you say you're now facing criminal damage? Have you been charged? I strongly suspect not.
Neighbor said they will be doing me for criminal damages for cutting the bolts off. I’m not concerned I did what I did for the safety of my child.
Your neighbour is winding you up, or being thick. The police won't be interested, and you were removing a trespass.

arborlad
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Re: Neighbours new fence

Post by arborlad » Sun Mar 31, 2019 9:59 am

Collaborate wrote:
Sun Mar 31, 2019 9:56 am
Bobbybob wrote:
Sun Mar 31, 2019 8:04 am
Collaborate wrote:
Sat Mar 30, 2019 11:30 pm
Why do you say you're now facing criminal damage? Have you been charged? I strongly suspect not.
Neighbor said they will be doing me for criminal damages for cutting the bolts off. I’m not concerned I did what I did for the safety of my child.
Your neighbour is winding you up, or being thick. The police won't be interested, and you were removing a trespass.




...............and an apparent danger.
arborlad

smile...it confuses people

IdefixUK
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Re: Neighbours new fence

Post by IdefixUK » Sun Mar 31, 2019 7:41 pm

Bobbybob wrote:
Sat Mar 30, 2019 7:05 pm
Is my only option to put up my own fence.
Bobbybob
It would be a bit of a shock to most of us to find that a fence had been replaced in our back gardens, even though the fence might belong entirely to a neighbour it seems as though the neighbour has somehow invaded our privacy by changing it. However from a legal standpoint I don't believe that you have any say in the matter. To me, the bolts protruding and inch at the rear of the fence would not ordinarily pose a significant risk to people on your side of the fence, and I am sure that these bolts were not left deliberately by the builder.
I suggest that you step back a bit and try to make peace with these neighbours again. Neighbour wars are not fun and can go on indefinitely. Once you have done this perhaps the neighbours would be happy for you to install some padding on the concrete posts to help protect your son. I am thinking that the stuff scaffolders use in towns where the public walk might be adapted?
You could also place some of the legs of the trampoline if they appear dangerous.

Regards

arborlad
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Re: Neighbours new fence

Post by arborlad » Mon Apr 01, 2019 9:38 am

arborlad wrote:
Sun Mar 31, 2019 5:03 am
Bobbybob wrote:
Sat Mar 30, 2019 7:05 pm
Hi I’m looking for some advice please

Last Friday I came home from work and my neighbour had put up a new fence between our back garden.



What type of fence was there before, what has replaced it, featheredge?............ what use do you make of that part of the garden, patio, lawn, borders etc.?

You obviously had to act in a timely manner to protect your child, but equally, it's usual for an opportunity be given to correct any errors.





I’ve mentioned my concern but their response was he shouldn’t be near their fence.



None of your household should intentionally damage the fence but if it's been done correctly, it will sit at the limit of his land - he has no control over what you do on your land, which includes 'near' his fence.


If you're unsure of anything, a photo might help.

You mention a trampoline being moved, so I am assuming this is a play area.

There are many types of padding available to suit different circumstances, think goal posts, you may even have some on the trampoline.
arborlad

smile...it confuses people

Bobbybob
Posts: 12
Joined: Tue Mar 26, 2019 10:48 pm

Party fence

Post by Bobbybob » Thu Apr 11, 2019 5:31 pm

My deeds say the fence between my garden and his is a party fence. He replaced it without my consent and says I can’t touch the new one. Is this allowed. The old fence was a panel fence between wooden posts. The new one is a concrete post with the good side facing him. I’ve gone from a panel fence to now looking at concrete posts. Surely I should of been asked before this. I’m not even allowed to paint it to match my other fence because it’s his. He said everything is within his boundary so I can’t do anything about it.

despair
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Re: Party fence

Post by despair » Thu Apr 11, 2019 5:39 pm

He had no right to remove the existing fence without your permision ...if he wanted a different fence he should have discussed with you of left existing one and erected new one his side leaving party fence in place

Bobbybob
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Re: Party fence

Post by Bobbybob » Thu Apr 11, 2019 5:42 pm

That’s what I thought. Where do I stand now though? Someone said if he replaced a party fence with another fence it’s still classed as a party fence regardless of his cost as my deeds state it’s a party fence. Any logic in that?

arborlad
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Re: Neighbours new fence

Post by arborlad » Thu Apr 11, 2019 5:54 pm

One thread only please:
Bobbybob wrote:
Thu Apr 11, 2019 5:31 pm
My deeds say the fence between my garden and his is a party fence. He replaced it without my consent and says I can’t touch the new one. Is this allowed. The old fence was a panel fence between wooden posts. The new one is a concrete post with the good side facing him. I’ve gone from a panel fence to now looking at concrete posts. Surely I should of been asked before this. I’m not even allowed to paint it to match my other fence because it’s his. He said everything is within his boundary so I can’t do anything about it.
arborlad

smile...it confuses people

Bobbybob
Posts: 12
Joined: Tue Mar 26, 2019 10:48 pm

Re: Neighbours new fence

Post by Bobbybob » Thu Apr 11, 2019 6:03 pm

Sorry I wasn’t aware. I’ve been looking into it more and would like some advice about this please.

Collaborate
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Re: Party fence

Post by Collaborate » Thu Apr 11, 2019 7:10 pm

It is still a party fence. You owned the previous one, jointly with him. What he replaced it with is equally jointly owned.

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