Fencing Problems ...

[hmltnangel]

Howdy folks, hope you have some answers as its realllly bugging me.

Moved into a new build property 10 months ago and seemed like nice people all around. However, things changed when a new fence arrived between us and next door. The odd ones next door then decided never to speak again. Oh well, no issue - plenty other neighbours.

Fast forward to tonight and I was just about to start adding some slats to my side to double slat the rather ugly fence thats there and one of them comes running out to say - dont do that. Now the only excuse she could muster was that the fence would fall down if any weight was added to my side due to the way it was built. (bonkers I know -the posts are 2.4m 100x100 fence posts concreted in and sitting only 1.9m above ground - so a good half metre down).

Well anyway, I noted to her that as she had removed the jointly owned small fence between us without my consent, and added this monstrosity of a thing between us directly on the same line as the old one I never wanted removed, that she shouldnt really be dictating how I should 'decorate' my side of this thing.

Now I understand that technically she owns this one and I shouldnt be adding things to it, however surely there must be some precedent about what I can do due to the fact that she removed an existing barrier I couldve done what I wanted with .... and replaced it with one that she is refusing to allow any additions to.

My thoughts are

- ask for the original fence to be put back in exactly as it was. Which would coincidentally mean she has to get hers taken down and moved a good six inches into her garden.

- alternatively - build my own fence on the posts which are now there after being erected by her.

- Lastly - I could do this with any of the above too for added effect - build a complete new fence and use my full 2 metre allowance of fence height in Scotland to make their fence look silly. In addition I would expect that I could remove any concrete that they have ended up having within my garden as well due to those big fence posts they put in. Im guessing this wouldnt make their fence very secure.

Hmmmmmm, anyways - whats the opinions kind folks ? Any other options?

thanks in advance.

 

[r896neo]

If she paid and had it put up its her fence and you can't touch it.

The placement of it is a separate issue.

Really the time to sort it would have been when it was going up at which point it could have been shared as a boundary fence. On a new build working out the boundary line should be relatively easy compared to 50 year old houses.

Perhaps you could come to an agreement to make it a boundary fence by contributing some money to the posts and erection cost then you can board your side too.

I realise its very annoying and you feel wronged but boundary disputes are awful and only get worse if people get solicitors involved etc. The idea of removing the concrete from the posts etc is daft. Either come to a compromise and make it the boundary or force her to remove and reinstate it on her property if you are confident ut encroaches on your property.

 

[Doggit]

Post a picture please. You say that if she rebuilt the old fence, then it would go back six into her garden, and if that's the case, then she's encroached on your property, and it needs moving anyway.

If she paid and had it put up its her fence and you can't touch it.

I don't think it's as straightforward as that, but this ones tricky. If it were a shiplap fence for instance, then they wouldn't know if you fitted a trellis of plant pot on to your side. But this begs the question of which side has ownership of that boundary line, so the OP needs to check his deeds, and see which side he, and the neighbours have responsibility for. If they've taken out the fence that's legally yours, then they've committed trespass and damage.

 

[hmltnangel]

It's definitely a hard one.

To build this fence she has, she has removed what was there (albeit crap) and replaced with a new fence that for at least part of the way is a few inches towards our side and the very least right in the boundary line made by the original fence.

Using a laser measure, the fence now sits about six inches closer to our place than theirs where it goes down the sides.

In all honesty, I'm tempted to go with the nice 2m fence I had my eyes on, and work it so that it stays level in my garden (split level) and completely obscures hers. This has the added fringe benefit of making it look odd from her side (because it won't follow the gentle slope) and detracting from her new fence looks. It is a shiplap too btw and annoys me by blocking any light coming through way.

Just a new experience having to deal with awkward (insert rude words of choice here) neighbours. I've always had good folks until now.

Heck if the roles were reversed, I'd be out there helping get her side up and finished..... Not moaning about it.

Even more frustrating is that I had actually offered to pay for it, or even build it, but she refused. Bonkers yes I know.

 

[Doggit]

Okay, fess up; what have you done to annoy her.

And have you checked your deed to see who has responsinility for that fence. If it's yours, then she had no right to touch it, and you could insist that she reinstates the old fence. If it's her fence, then she's still trespassed on to your garden.

 

[hmltnangel]

Lol, no idea .....seriously. although looking back a ta a few FB messages from her man a few months ago.....she's not the nicest.

She is brutal mate, first thing I heard about it was after she agreed to it. Don't think it's getting done for another fortnight... will work something out for the digger. When you think on starting the digging work?

Also I have the solicitors double checking to see if the deeds note whose boundary that was.

Can't believe how good some neighbours are. I have six who back on to me. Only one to cause trouble is her. The two directly behind me weren't in ....I started removing the slats from the back fence to change them to my ones....the guy comes home. After a few seconds of wondering what's going on....he was delighted as I managed to save all the old slats ....undamaged....and had agreed with him to use them to double slat his rear fence for free. Same story with the other rear guys. Ah well. At least 5 outta six ain't bad.

 

[Tdw1982]

It should be easy to see who owns the boundary, it is marked with a small triangle on your title deeds.
Think carefully about what you do next. As you have already involved your solicitor, when you sell the house, you will now have to confirm you have had a dispute with a neighbour about boundaries - something mortgage companies and buyers don't particularly like.

 

[Doggit]

Actually, getting the solicitors to check who owns the fences is only a query, and he won't have got the solicitors involved till he gets them to send her a letter. But I don't think that everything is notifiable for the solicitors questions when selling. If you've notified the council of a dispute, such as noise or antisocial behaviour, then you've got disclose those, but at this stage, it's just a disagreement with the people next door.

 

[JohnD]

It should be easy to see who owns the boundary, it is marked with a small triangle on your title deeds.

A T mark.

Or, very often, it isn't.

 

[hmltnangel]

Exactly right, I havent asked the Solicitors to do anything aside from see if they can confirm who owns any particular boundary. No background etc to it - just a simple query.

To be honest I cant be bothered waiting and just bought the extra posts and postcrete to do it myself - 200 bucks extra and a day to do it is nothing.

I did find out why the "fencer" said not to hang another fence on the back of it.

- At least first three posts only around 14 inches deep (closed board six footer)
- At least the first 3 posts only have concrete around 7 inches wide (one was barely wider than the post)
- Bear in mind that I jus started digging my posts close to theirs today and had a good check of this
- plus the concrete used .... disintegrated when I touched it with a plastic scoop.

 

[Doggit]

SO maybe tuck your fence away for now, and wait for a good storm.

 

[JohnD]

If you dig your holes next to theirs, and it blows over, you will get the blame.

Stagger yours half-way between theirs. You will end with a half-panel.