Encroachment of Fences

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Encroachment of Fences

Post by cyranodebergerac » Wed Sep 13, 2017 7:41 pm

my next door neighbour has erected a post & rail fence 2.4m in height around 3 sides of his property. Our pair of handed semi detached houses had a 2.0m high woven lapp fence running the length of the garden some 30/40m on the property boundary.He has removed this fence and replaced the boundary fence to match his other fences.
I have had a discussion with him regarding the fence before the construction began, I said "I dont care how high the fence is providing the fence is in the correct position". I also mentioned " providing the bolts are long enough & the concrete post are half & half on the boundary, I would contribute to half the cost of the fence posts & half the cost of the concrete for the posts. I would then be able to to erect a fence on my side of the posts as the fence configuration has the posts to the outside. The problem I have is the fence is some 300/400 mm over the boundary.

He applied for and received Planning Permission for a 2 storey extension along the boundary, I have just recently down loaded the plans he submitted & there is no mention of any fences within the submitted drawings or forms. I contacted the local planning authority & he has removed 400 mm from the top of the fencing. I asked the local authority regarding the fences location & was told it is no longer a planning matter, it is a civil matter,

He has also now erected a fence to the front of our properties & this is some 250 mm over the boundary. I would like to have conservatory constructed to the rear of my property but am unable to use the rear garden to its full potential due to the encroachment of the fence to the rear. I have read through the deed packet to my property & I should have been issued with a Party Wall Notice for the new fencing. this I have not received.
I am looking for any advice as to which way to resolve this situation or do I just either take him to court or live with it ?

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