Boundary Fence

[Rustyigloo]

Hi,

I'm hoping that somebody can help me regarding a dispute that I'm having with my neighbour.
Last year we replaced a broken fence between my house and our neighbours. A couple of months later he complained that it encroached on his land. We had a look at it and it was so we arranged a weekend where he was at the property and we paid to have it amended (two of the posts were a couple of inches on his property).

Fast forward a year and he's been banging on my door informing me that one of the posts is still wrong and is a few inches on his land. I asked him why its taken a year to bring it to our attention and he said he only noticed it in August!?!?? I then asked why he didnt notify us in August and he said he didnt know whether we would be in!?!?!

Anyway, I said I wasn't moving it again as he was here when then post was moved. He said he will get his solicitor onto us and it's going to cost us a fortune.

Today we received the solicitors letter. It just asks us to move the post because my neighbour says it's in the wrong place.

What do I do now? We have photos from before, during and after the original fence was replaced and the positioning looks correct to us. Its in line with the red line on the deeds too but the area is so small it wouldnt show on there anyway.

My neighbours quite intimidating and my stomach knots when I think about the situation.

Any help or advice would be much appreciated.

[Collaborate]

Reply to say that this was addressed in the neighbours presence a year ago, when the siting of the boundary was agreed. Say it hasn't been moved since then. I seriously doubt it will get any further.

[Rustyigloo]

Thank you so much Collaborate for getting back to me.
I did mention this to the neighbour and he stated because he was there and supervised us doesnt mean anything as he didnt sign it off. This is the sort of person I am dealing with!

[onionlove]

Hi Rusty,
My parents went through a similar situation with their neighbour, and some people are just awkward like that and will have a disagreement for the sake of it, stick to your guns it is up to him to prove it and I think he'll get bored or won't want to go to the expense, stay polite and friendly but be firm that you're not going to move the post again.
Good luck
Onion x

[KittiKat]

You don't actually have to reply to that solicitor's letter, you can choose to ignore it.

The only time I would engage with him, is if you were to receive a court summons and then I think the Court would be a bit at his behaviour definitely because he WAS there when you very kindly moved it the last time.

[Rustyigloo]

Thank you all for your replys.

I think I will write a short letter back to the solictor stating that as the neighbour was there at the time, I have photos of the previous fences placement and that I'm not going to move the post. However if the neighbour has any photo/historical evidence that I'm incorrect then please let me know. Try and be firm but friendly.

How does that sound?

[onionlove]

Sounds like a good approach to me Rusty.

It always amazes me how people like to create drama over nothing, my parents neighbour just wouldn't let it go because he didn't want to admit he was wrong even though it was obvious.

[Rustyigloo]

Thanks onionlove.

Can I just ask if you - did the dispute end with your parents neighbours eventually or did it just go on and on?

[KittiKat]

Rusty, just to let you know, I had a boundary dispute with a neighbour and he got in touch with his solicitor. His solicitor put him right and the neighbour was pissed off about it but has been perfectly pleasant ever since. He was a lot older than me and I think he though that if he shouted loudly and often, I would bow down. I didn't and neither should you. Good luck!

[onionlove]

It went on for a good few years would you believe? My dad even had photos of the original boundary fence from when he moved in there but the neighbour just kept prolonging it and didn't want to admit he was wrong as he was showing off to his mates about it in the garden during the summer he didn't want to lose face, he was a bully though, no one can be that bad. The dispute ended with an onsite meeting with both sides solicitors and a fencing contractor who put up the fence that day. I'm sure that was particularly bad case though but what I learned from it was to nip things in the bud if you can, sounds like you have done completely the right thing. I'm not an expert so I don't know the ins and outs of my Dad's case but he basically made my neighbour jump through hoops to try to prove he was wrong because he knew he couldn't if you know what I mean.

[Rustyigloo]

Kittikat- that's why I wanted to send a short letter to the solicitor. The 'tone' of the solicitors letter made it sound as though I put up the fence last week and the neighbour wasn't present.

Onionlove - this is what I fear, that it will go on and on. I seriously doubt he has any sort of evidence that the fence is in the wrong place but he's a really unpleasant person so won't make it easy for us.

[Christmascardqueen]

Where I’m from it’s common to hire a property surveyor to mark out the boundary.
I’d look into making sure where the boundary lines actually are before replying.

[KittiKat]

It just worries me that you will be in a "tit for tat" letter writing situation and forever writing letters. The onus is on HIM to prove that you have done something wrong. You have the photos, you had him there at the meeting when the boundary was moved, you accommodated him. If he ever dared to be stupid enough to take you to Court, the Court would most definitely not look in his favour.

The solicitor's letter is based on what his client has told him. The solicitor knows nothing, only what he has been told and it is his job to try and intimidate you. He is getting paid for sending this letter on behalf of your neighbour.

As I said previously, you are under no obligation, WHATSOEVER, to respond to that solicitor's letter if you don't want to. Of course you can if it rests easier with you. But please, be assured, you don't have to and please, do not employ a solicitor yourself as it will end up costing a lot of money.

Do NOT be intimidated by him. I stood up to a Naval Commander! Come on Rusty, you can do this!

[Rustyigloo]

I'm starting to feel a bit more feisty now thanks Kittikat!
I think I will send a short letter back to the solicitor and state that until I have evidence from the neighbour that contradicts mine I'm not playing the game.
The solicitors letter was quite strange. I expected something quite aggressive, giving me time lines to amend the fence etc etc. It wasnt at all, it was quite passive. I even googled the solictor and company in case it was a fake letter.

[AJPTaylor]

The tone of the solicitors letter was probably due the the fact that they advised him a court would not be interested in a few inches of land but would send a letter anyway