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To ask what our rights/responsibilities if neighbour removes fence panels?

109 replies

victoriasnotsecret · 21/04/2024 13:10

DH and I are wondering what our legal rights are? We had a dispute with the neighbour they behaved illegally and we had to report them to the police. Yesterday the neighbour removed three panels of their fence leaving their garden open to ours. They know that we have two dogs who use the garden. I actually spoke to the neighbour and he told us that he taken them down because we've had to report him to the police.

So we know that he's being underhand but the same time we can't put our dogs out in our garden. He hasn't got the problem with the dogs per se but he has behaviour really aggressively towards us about various things and he's even told us he wants us to move because as he said to me yesterday "a lot our generation messed up his pension ". He then told me he was well off and didn't need to work. He is in his 70s we are in our late 40s and have only just become homeowners- beyond devastated.

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Theunamedcat · 04/07/2025 21:59

Personally I would check the garden before letting the dogs out because there is more than one way to harrass someone even if its just fat balls in your garden (gives a dog diarrhea) rancid meat etc etc

Constancegoodwill · 04/07/2025 21:49

Actually a lot of posters on here a factually incorrect not matter how confident/ rude some of them appear to be. You need to understand what harassment constitutes. Its not only a criminal offence but also a civil one. Removing fence panels to cause alarm or distress to your neighbours could be considered an act of hareassment. You would need to show a few instances of such behaviour as you need to prove a "course of conduct". I know this for a fact as this was one of the stupid petty behaviours one of my neighbours engaged in before the police and solicitors got involved. My nightmares neighbours are about to have to sell their house to pay for the damages they owe me.

Amx · 23/04/2024 18:36

Why's he being prosecuted?

sweetpickle2 · 23/04/2024 17:16

Sorry OP, when you said "We will have to mention it to the police" I assumed that you were mentioning it to the police.

I can see you originally reported them for something else, but as you haven't said what that is we can only go on what you've asked here which is what your legal rights are if your neighbour took down their own fence- the answer is there are none.

EggcornAcorn · 23/04/2024 15:02

I am sure your fencing contractor knows this but just in case, don't use the existing posts that once supported the now-taken down fence. You'll need to get your own posts put in, on your land, up to your boundary only.

victoriasnotsecret · 23/04/2024 14:56

sweetpickle2 · 23/04/2024 14:46

OP you dont seem to be listening to what people are saying to you- taking down his fence isn't illegal (and sounds like he's only taking it down to paint it anyway? So literally a non issue), and by reporting him to the police you will have made your property harder to sell when the time comes.

He certainly sounds a bit antagonistic but tbh so do you by going in all guns blazing.

Edited

Haven't reported taking down the fence to the police... Hmm
Thanks to advice here we are getting a new fence but it might be a while before we can get it put up.
Thanks all

OP posts:
HappyEater · 23/04/2024 14:52

If people knew what this guy had done - and had compassion - they would be helping me with the facts and not conjecture- he's going to be . There's no question what he's done broke the law.

Well, we won’t know unless you tell us?

The thing is, even if he’s been growing a full-blown cannabis farm, or he’s been bashing kittens with a spade, the removing of his fence panels is still completely not illegal. Not sure why you sought legal advice.

sweetpickle2 · 23/04/2024 14:46

OP you dont seem to be listening to what people are saying to you- taking down his fence isn't illegal (and sounds like he's only taking it down to paint it anyway? So literally a non issue), and by reporting him to the police you will have made your property harder to sell when the time comes.

He certainly sounds a bit antagonistic but tbh so do you by going in all guns blazing.

victoriasnotsecret · 23/04/2024 14:43

Haydenn · 23/04/2024 14:33

its annoying, but he’s well within his rights to do it. I don’t know why youd report this to the police. Because he’s allowed to do what he wants to with his fence I think it undermines any legitimate complaints you make of have.

I've not reported it to the police!!

OP posts:
Haydenn · 23/04/2024 14:33

its annoying, but he’s well within his rights to do it. I don’t know why youd report this to the police. Because he’s allowed to do what he wants to with his fence I think it undermines any legitimate complaints you make of have.

OhmygodDont · 23/04/2024 14:31

The legal rights with the fence are he doesn’t have to have one at all. You legally have to keep your dog/s under control and contained. However you don’t have to have a fence to do that either. Do lead only garden time or tie down cables etc.

taxguru · 23/04/2024 14:29

victoriasnotsecret · 23/04/2024 14:28

No we both wfh - with occasional meetings in the city or at university where my husband teaches. Dogs are with us all day - walked first thing lunchtime and evening.
I love the way some replies have got a bit angry?
If people knew what this guy had done - and had compassion - they would be helping me with the facts and not conjecture- he's going to be prosecuted. There's no question what he's done broke the law.
I just wanted to know what are rights are with the fence scenario. I shouldn't have given any background...

So why mention that you work 12 hours per day and he's retired? If it's not relevant, then it's not relevant.

victoriasnotsecret · 23/04/2024 14:28

TheDefiant · 23/04/2024 12:03

If you both work 12 hour days - what's happening with your dogs?

Do you work outside? Are they with you?

Are they left alone for that length of time?

Just put your own permanent fence up within your own boundaries to protect your space and your dogs.

It's such a non-issue.

No we both wfh - with occasional meetings in the city or at university where my husband teaches. Dogs are with us all day - walked first thing lunchtime and evening.
I love the way some replies have got a bit angry?
If people knew what this guy had done - and had compassion - they would be helping me with the facts and not conjecture- he's going to be prosecuted. There's no question what he's done broke the law.
I just wanted to know what are rights are with the fence scenario. I shouldn't have given any background...

OP posts:
WhyIOughtTo · 23/04/2024 12:50

Ifailed · 23/04/2024 10:38

To all the people saying the neighbour doesn't have to have a fence, in many developments now there are covenants attached to properties about where you must and where you can't erect a fence, usually at the back for the former and the front for the latter.

Many developments have covenants saying you must have a fence at the back? I've never come across that. Usually these covenants are put in place by developers so that the estate looks good whilst it's still being built so the can sell the houses,

There is no suggestion of this here though.

TheDefiant · 23/04/2024 12:03

If you both work 12 hour days - what's happening with your dogs?

Do you work outside? Are they with you?

Are they left alone for that length of time?

Just put your own permanent fence up within your own boundaries to protect your space and your dogs.

It's such a non-issue.

HappyEater · 23/04/2024 10:52

taxguru · 23/04/2024 10:49

He's retired we have to work 12 hours a day - both of us - so let's see.

Fail to see any relevance in that information.

Unless you're leaving your dog out in the garden on it's own all day whilst you're at work. If you're doing that, then you're the unreasonable one as your dog will probably be annoying the hell out of the neighbour and taking the fence away makes sense as it may be their attempt to stop you leaving the dog out causing annoyance.

Ohh this is a good point… surely the issue isn’t that the dog is left alone outside for 12 hours?!

AIstolemylunch · 23/04/2024 10:49

There is a absolutely no legal obligation for anyone to put a fence or wall on a boundary that they own. It's not harassment to take it down. You've been very badly advised.

What is the legal action for? Please don't try to include 'taking done own fence and this is harassment' because you'll literally be laughed out of court.

taxguru · 23/04/2024 10:49

He's retired we have to work 12 hours a day - both of us - so let's see.

Fail to see any relevance in that information.

Unless you're leaving your dog out in the garden on it's own all day whilst you're at work. If you're doing that, then you're the unreasonable one as your dog will probably be annoying the hell out of the neighbour and taking the fence away makes sense as it may be their attempt to stop you leaving the dog out causing annoyance.

Janetime · 23/04/2024 10:47

victoriasnotsecret · 23/04/2024 10:29

Thanks for all the helpful advice. While yes neighbour can remove fence - this may constitute as harassment - because he admitted taking it down deliberately because of the police report.
We've secured our garden and waiting to see if he puts them back up - it looks like he's painting them.
If he doesn't we won't engage and will put up our own.
He's retired we have to work 12 hours a day - both of us - so let's see.

It’s not harrassment, it doesn’t matter why he did it. It’s his fence, you’ve no entitlement to him fencing it for you.

OhmygodDont · 23/04/2024 10:44

How can it legally possibly be harassment. You’ve said painting them… a perfectly legal thing to do…

see he has a reason or excuse.

HappyEater · 23/04/2024 10:40

victoriasnotsecret · 23/04/2024 10:29

Thanks for all the helpful advice. While yes neighbour can remove fence - this may constitute as harassment - because he admitted taking it down deliberately because of the police report.
We've secured our garden and waiting to see if he puts them back up - it looks like he's painting them.
If he doesn't we won't engage and will put up our own.
He's retired we have to work 12 hours a day - both of us - so let's see.

It’s not harassment.

What does the fact you work have to do with anything?

Even if he replaces them, he could do it again. It’s your responsibility to secure your own garden if you have dogs out in it.

I’m starting to think he is not the problem…

Ifailed · 23/04/2024 10:38

To all the people saying the neighbour doesn't have to have a fence, in many developments now there are covenants attached to properties about where you must and where you can't erect a fence, usually at the back for the former and the front for the latter.

Face80 · 23/04/2024 10:34

While yes neighbour can remove fence - this may constitute as harassment - because he admitted taking it down deliberately because of the police report.

I don't think you are on to a winner with this. Yes, he's done it to inconvenience you but it's not harassing behaviour. And 'admit' it a strong word. He said he had done it. Taken down his own fence. He doesn't need to admit anything as he has t done anything.

He's retired we have to work 12 hours a day - both of us - so let's see.

What's that got to do with the situation?

Vod · 23/04/2024 10:31

victoriasnotsecret · 23/04/2024 10:29

Thanks for all the helpful advice. While yes neighbour can remove fence - this may constitute as harassment - because he admitted taking it down deliberately because of the police report.
We've secured our garden and waiting to see if he puts them back up - it looks like he's painting them.
If he doesn't we won't engage and will put up our own.
He's retired we have to work 12 hours a day - both of us - so let's see.

I'd put your own up now. If he puts his panels back up, you're still on edge waiting for him to remove it again.

victoriasnotsecret · 23/04/2024 10:29

Thanks for all the helpful advice. While yes neighbour can remove fence - this may constitute as harassment - because he admitted taking it down deliberately because of the police report.
We've secured our garden and waiting to see if he puts them back up - it looks like he's painting them.
If he doesn't we won't engage and will put up our own.
He's retired we have to work 12 hours a day - both of us - so let's see.

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