Neighbour Pulling Down The Fence! - Please HELP!

[Ron_UK]

Hello

Can someone please help, not sure if I've posted in the right section but seeing it's in the garden i'm hoping this is ok.

Our neighbour who i believe is 87 years old and a cantankerous / crafty old sod has started to pull down the fence between our two gardens.

On our side is a 3 foot high Picket Fence to which he previously screwed and strengthened on his side some 6 foot high panels attached to the Picket Fence. The fence has been secure for some 10 years and it has worked well. It has however started to show it's age now but still serves as a good barrier between our two gardens, it has a few more years yet.

He has now started to pull down the fence bit by bit, currently 20% done which is all being captured on high quality CCTV on a daily basis. We are convinced he is going to remove the whole lot including the picket fence to force us to put up a new one.

We originally offered to go 50/50 on the cost of a new fence last year when he originally moaned about it's condition but he said NO, you must pay for it!

Here's the question :
If he pulls down the dividing fence entirely leaving NO FENCE between our gardens, what is my legal position?

P.S
Should mention, these are private properties, not council

Many thanks!

 

[HERTS P&D]

Get a large dog, he won't want to let the dog into his garden.

Andy

 

[johnny2007]

87yo.
If he pulls the lot out, let him.
Then keep an eye on him and when he passes at better life, using old posts and panels, erect a quick fence 6 foot into his garden.
That will be your boundary.

(Tongue in cheek but doable if you feel like it)

 

[mattylad]

Who owns the current fence?
Unless you can answer that then there is not a lot to add.

Apart from take photo's now... not next week - now. along the fence line.

 

[HERTS P&D]

Get one of the kids to wear this and walk around the garden calling his name:

https://www.amazon.co.uk/Deluxe-Hal...9Y2xpY2tSZWRpcmVjdCZkb05vdExvZ0NsaWNrPXRydWU=



Andy

 

[Ron_UK]

Who owns the current fence?
Unless you can answer that then there is not a lot to add.

Apart from take photo's now... not next week - now. along the fence line.

Upon purchasing the property the Lawyer said he could not find who is responsible for the boundary and thus should be treated as shared.

Even is we were responsible for the boundary, surly is common law that a neighbour cannot come banging on your door insisting you fit a new fence when there's already a reasonable fence in place.
Basically he's trying to pretty up his garden at our expense and is hoping by taking down the fence he will force us to erect a new one.

 

[Ron_UK]

87yo.
If he pulls the lot out, let him.
Then keep an eye on him and when he passes at better life, using old posts and panels, erect a quick fence 6 foot into his garden.
That will be your boundary.

(Tongue in cheek but doable if you feel like it)

Oh i do feel like that .
I think by Law if you pull down a boundary fence your liable to replace it, i'm just looking into it in more details before the battle starts.

 

[conny]

Does he have a family you can contact to ask them to try and find out what he is up to and why?

Sorry to say it but he may be mentally unsound and if he has been isolating for the past 12 weeks it may have tipped him over the edge. You may find the police could possibly give you advice or even pop round to see him and find out whats going on.

 

[johnny2007]

Don't even think of getting the police involved.
An 87yo is a vulnerable person no matter what, so as soon as he makes an allegation the coppers will be all over you.

 

[HawkEye244]

Assuming communication has completely broken down with him hence why you're on the internet asking advice from a bunch of annoymous strangers. Just a possible option - could this not be solved from having a reasoned conversation ?

 

[big-all]

if you get into any sort off heavy argument and involve the police or council in an official capacity you may find yourself wanting to move but be unable to because you have to declare to the new potential buyers that you are in dispute so try to avoid that route iff you think that may be on the horizon

 

[mattylad]

You are not required to have a fence.
If you cannot prove who's fence it is then it may well be his, he cannot however force you to pay for one.
If he wants to put up a new fence then its at his cost.
It must however be on his property not yours.
Make sure you mark your boundary line ASAP.

 

[Ron_UK]

Does he have a family you can contact to ask them to try and find out what he is up to and why?

Sorry to say it but he may be mentally unsound and if he has been isolating for the past 12 weeks it may have tipped him over the edge. You may find the police could possibly give you advice or even pop round to see him and find out whats going on.

Hi Conny

He's well known for being awkward, lives with his wife and his family have been visiting during the lockdown!
Although 87 he's very cunning, not to be trusted but i will try and speak with him again

 

[Ron_UK]

if you get into any sort off heavy argument and involve the police or council in an official capacity you may find yourself wanting to move but be unable to because you have to declare to the new potential buyers that you are in dispute so try to avoid that route iff you think that may be on the horizon

Police & Council cannot be involved as it would be considered a private Civil matter, already checked up on this.
There's been no official complaints so far, just a few verbal's.

If we ever considered selling we would have to mention it anyway.
Thanks for the reply

 

[Ron_UK]

Assuming communication has completely broken down with him hence why you're on the internet asking advice from a bunch of annoymous strangers. Just a possible option - could this not be solved from having a reasoned conversation ?

Hi Hawk

I do plan speaking with him again next time i see him but just cannot trust the man, he's very petty.