Neighbour erected a fence on my land

katekate
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Joined: Sun Jun 21, 2020 8:34 pm

Neighbour erected a fence on my land

Post by katekate » Tue Jun 23, 2020 7:16 pm

Hello, everyone, we recently have a problem with a neighbour regarding a fence. To cut the story short, they erected a fence and put in some concrete posts over the boundary in our garden. The fence is over 2 metres high, and these have been done without the permission from the council or us. We will ask them to remove these. The questions are:

1. If the neighbour refuses to do anything about it, and I have to remove/dispose the fence, and send them the bill, what action do I need to take, and what evidence should I collect if they refuses to pay?
2. If we remove the fence, can we dump them in their garden? I read somewhere this would be regarded as fly tipping?
3. At what point of escalation would this matter constitute a “dispute” that must be disclosed in the event of a future sale of our property?

Thank you all very much.

MacadamB53
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Re: Neighbour erected a fence on my land

Post by MacadamB53 » Tue Jun 23, 2020 9:19 pm

Hi katekate,

let’s start with the obvious - how do you know the fence is stood on your land - rather than their land?

no point advising you how to deal with removing it if that’s not a good idea...

kind regards, Mac

katekate
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Re: Neighbour erected a fence on my land

Post by katekate » Tue Jun 23, 2020 9:56 pm

Hi, Mac, because they attached the fence to the rear wall of our house that faces the back garden. It is identifiable by eye that the fence is in our land. Thank you.

despair
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Re: Neighbour erected a fence on my land

Post by despair » Tue Jun 23, 2020 10:18 pm

Ok ...well then firstly check every singke mortgage, credit card, insurances, union membership for Legal expenses cover because you may need it

Inform the police that a fence has been illegally attached to your house and sited on your land and that you will arrange to remove and return it and since there mught be a breach of the peace you would like them to be pre warbed in case they are needed

You can remove and return it but must be careful not to damage it

Best to have a camcorder or CCTV running and have several witnesses on hand ...be sure to photo and document everything

You also need to ensure a boundary of your own is installed or resite the fence correctly

MacadamB53
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Re: Neighbour erected a fence on my land

Post by MacadamB53 » Tue Jun 23, 2020 11:45 pm

katekate wrote:
Tue Jun 23, 2020 9:56 pm
Hi, Mac, because they attached the fence to the rear wall of our house that faces the back garden. It is identifiable by eye that the fence is in our land. Thank you.
the final fence post of my neighbour’s fence was secured onto the rear wall of my house (with my permission) but it doesn’t follow that the entire fence stands on my land...

katekate
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Re: Neighbour erected a fence on my land

Post by katekate » Wed Jun 24, 2020 9:21 am

despair wrote:
Tue Jun 23, 2020 10:18 pm
Ok ...well then firstly check every singke mortgage, credit card, insurances, union membership for Legal expenses cover because you may need it

Thank you, that's a very good point. I'll check today.

Inform the police that a fence has been illegally attached to your house and sited on your land and that you will arrange to remove and return it and since there mught be a breach of the peace you would like them to be pre warbed in case they are needed
Ok, got it.
You can remove and return it but must be careful not to damage it
That'll be hard to return to them undamaged. Isn't the fence mine if it's on my land, regardless who put it up or paid for it?
Best to have a camcorder or CCTV running and have several witnesses on hand ...be sure to photo and document everything
Good idea, thanks.
You also need to ensure a boundary of your own is installed or resite the fence correctly
Are they legal requirement? We were just going to ask the neighbour to build a fence on their side and away from the boundary line. We don't want a fence.

Could you please answer the rest of my questions? :D Thank you very much.

katekate
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Joined: Sun Jun 21, 2020 8:34 pm

Re: Neighbour erected a fence on my land

Post by katekate » Wed Jun 24, 2020 9:23 am

MacadamB53 wrote:
Tue Jun 23, 2020 11:45 pm
katekate wrote:
Tue Jun 23, 2020 9:56 pm
Hi, Mac, because they attached the fence to the rear wall of our house that faces the back garden. It is identifiable by eye that the fence is in our land. Thank you.
the final fence post of my neighbour’s fence was secured onto the rear wall of my house (with my permission) but it doesn’t follow that the entire fence stands on my land...
The whole fence runs a straight line, it's pretty obvious, and this is all done without our permission. That's why I need help.

despair
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Re: Neighbour erected a fence on my land

Post by despair » Wed Jun 24, 2020 12:14 pm

If your neighbour wants a fence they are legally entitle to install one but it must be their side of the boundary line

You need to start by having a polite quiet discussion with them and with a witness

If things get nasty you either need to move the fence or get legal

Thevminute its in writing its a dispute which affects both houses

How much over the boundary is the fence .?

MacadamB53
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Re: Neighbour erected a fence on my land

Post by MacadamB53 » Wed Jun 24, 2020 1:49 pm

Hi katekate,

was there anything there before the fence?

kind regards, Mac

katekate
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Re: Neighbour erected a fence on my land

Post by katekate » Mon Jun 29, 2020 8:45 am

despair wrote:
Wed Jun 24, 2020 12:14 pm
If your neighbour wants a fence they are legally entitle to install one but it must be their side of the boundary line

You need to start by having a polite quiet discussion with them and with a witness

If things get nasty you either need to move the fence or get legal

Thevminute its in writing its a dispute which affects both houses

Do you mean it become a dispute when I write to the neighbour and ask them to remove it?

How much over the boundary is the fence .?
Hi, the fence is less than 4 inches over the boundary, but the fence attaches and started from my wall. I have a picture to show you. Thank you.
You do not have the required permissions to view the files attached to this post.
Last edited by katekate on Mon Jun 29, 2020 8:54 am, edited 2 times in total.

katekate
Posts: 22
Joined: Sun Jun 21, 2020 8:34 pm

Re: Neighbour erected a fence on my land

Post by katekate » Mon Jun 29, 2020 8:46 am

MacadamB53 wrote:
Wed Jun 24, 2020 1:49 pm
Hi katekate,

was there anything there before the fence?

kind regards, Mac
Hi Mac, yes, my fence was there, they removed it.

despair
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Re: Neighbour erected a fence on my land

Post by despair » Mon Jun 29, 2020 12:35 pm

If they removed your fence and did not return ut thats theft ...call in police

MacadamB53
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Re: Neighbour erected a fence on my land

Post by MacadamB53 » Mon Jun 29, 2020 1:21 pm

Hi katekate,

so the new fence abuts your decking whereas your old fence didn’t?

and the new fence stands 4 inches into your land for its entire length? and this is clear to show?

kind regards, Mac

katekate
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Joined: Sun Jun 21, 2020 8:34 pm

Re: Neighbour erected a fence on my land

Post by katekate » Mon Jun 29, 2020 3:32 pm

despair wrote:
Mon Jun 29, 2020 12:35 pm
If they removed your fence and did not return ut thats theft ...call in police
Even the neighbour is a company? I think it may be good idea to talk to their manager first.
Last edited by katekate on Mon Jun 29, 2020 3:53 pm, edited 3 times in total.

katekate
Posts: 22
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Re: Neighbour erected a fence on my land

Post by katekate » Mon Jun 29, 2020 3:33 pm

Hi katekate,

so the new fence abuts your decking whereas your old fence didn’t?

and the new fence stands 4 inches into your land for its entire length? and this is clear to show?

kind regards, Mac

Hi Mac, yes, it's pretty clear.

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