Nightmare of a Neighbour.(7 Posts)
3 years ago I spent 4 weeks away from home on business. Prior to going away the house next door had been sold and the new neighbours had moved in. On my return, imagine my amazement when the neighbours on the other side came to see me and told me that in my absence the new neighbour had removed 2 fence panels of the boundary fence at the end of my garden, chopped down a large fir tree (that was not overhanging their garden being in the centre of the end of my garden, dug up my vegatable patch, flattened the ground and was about to build themselves a garden shed on my land - thus attempting to 'grab' 20 feet of my garden! Yes, I do have the original deeds showing that this is my land. I was absolutely shocked. I went round and confronted the neighbour, who was not in the least apologetic - I assumed he was either a complete idiot, ignorant of the law or just a real chancer. I was so amazed at his attitude - which was as if he had done me a favour by chopping down the tree. I did point out to him that what he had done was not only trespass on the land, commit criminal damage, but was in fact a criminal act - he even admitted to attempting to steal the land! His wife came to the door, and as she was obviously heavily pregnant and rather distressed, I just asked him to replace the fence. Which he did. In retrospect I really now wish that I had taken it further, as he did eventually build a shed on his own land, but with the downpipe from the shed guttering pouring rain water into my garden - unbelievable. The fence has now fallen down and is preventing me accessing the end of my garden. He refuses to fix it. I now have to get someone in to fix the fence (which is his boundary fence) . I am trying to find out what the law is regarding boundary fences - will I be in my rights to bill him for the repair?
Sorry I have no idea but that sounds terrible - your neighbour is crazy!
I would think since three years have passed that you would have difficulty proving anything.
No, you can't Bill him. As he maintains the boundary, NOT the fence- you have no legal rights to insist he puts any physical boundary there.
You CAN build a fence in your side of the boundary, totally on your land which you own and maintain and if he touches he is trespassing/criminal damage etc.
He sounds like a complete and utter twat. I don't envy you.
Sorry I have no advice but I'm taken aback by this neighbour of yours! I'm afraid I don't understand why your first phone call wasn't to the authorities? Too late now of course but I would have wanted to emphasize to him with clear legal clarification that he was in the wrong and that he criminally trespassed and committed criminal damage. It would have sent a message in case he tried anything like that again. Fuck neighbourly relations! I know this isn't helpful but I don't know what you can do now.
Thanks guys, yes he is a complete T--t !
I am just going to get the fence put back up (as otherwise I can't get to the end of the garden) . It is a shame, as previously we had really lovely neighbours. The neighbours on the other side are great and we have always had a brilliant relationship.
One of the reasons I let it slide 3 years ago was that I had a lot of other stuff going on. I was then recently widowed and had 3 young children to care for. I had just started a new job and to be honest I just didn't need the extra stress. The fact that he put the fence back up, and that I didn't have to have anything to do with him seemed enough at the time. Obviously if my situation at the time had been different, I would certainly have reported the matter to the authorities. I must admit he does seem to have a few issues - I know that his other neighbour has also had problems.
Oh gosh! Well I completely understand you not being in a place to deal with this man's behaviour when this all happened. It sounds like the best thing to do is to just fix the fence so it's sturdy and keep an eye on your rear boundary. At least it doesn't sound as if he has bothered you since the initial criminal trespass/damage incident.
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