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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.

OP posts:
LIZS · 21/04/2024 14:54

He is not legally obliged to have fences marking the boundary so can remove it . You need to contain your dogs.

2chocolateoranges · 21/04/2024 14:54

It’s a bit crap removing a fence that keeps gardens separate, that is Unless you have something immediately to replace it with, No wonder there is so much Agro between neighbours when there are so many shit ones around!

if I were in your position I’d just put my own fence up.

LIZS · 21/04/2024 14:53

He is not obliged to have fences marking the boundary. You need to contain your dogs.

Rosestulips · 21/04/2024 14:52

Why would any sane person remove a fence between boundaries? I’m guessing he’s not very sane.

Soontobe60 · 21/04/2024 14:51

Skillest · 21/04/2024 13:42

My old neighbour was a dick when we took down our fence.

Us - The fense needs replacing. We are going to replace the fence (on our side if the boundary) with a hedge this summer. Just letting you know.

Them - we want a fence, not a hedge.

Us - OK. We are happy to not plant a hedge if you want to replace the fence with a new fense instead.

Them - It's your fence. You need to pay for it.

Us - No. We want a hedge instead. We are replacing the fence with a hedge and will pay for the hedge plants.

Them - We want a fense.

Us - I know. We want a hedge but will tolerate a fense if you sort it out.

Them - The fense on your side of the boundary...?

Us - The one on our side is being taken down. You will need to replace with a fense on your side, because we don't want a fense.

Them...?

Us - You'll need a whole new fense, with posts, all on your side. The whole lot on our side is rotten, leaning. The posts and all panels are coming down.

Them - So you're not replacing it?

Us - Not with a new fense, no. I want a hedge instead.

Them - What about your dog?

Us - I'm putting up a chicken wire on our side while the hedge grows. The hedge will grow through the chicken wire.

Them - That will look rubbish

Us - initially yes. But I think a green hedge is much nicer then a fence in the long run. Also better for wildlife.

Them - Will you go halves on a fence?

Us - No (!!) We. Want. A. Hedge. We are taking the fense down in the summer hols. In just telling you, not asking. I don't want a fense so won't be paying towards one. But if you want a fense I'm not going to fall out about it, but you'd need to pay because its not my preference. Otherwise, we will be paying for a hedge because that's my preference.

They caused such a fuss about it. They seemed to genuinely not understand that we might not want a fense. It's seemed an alien concept to them.

It caused massive tensions.

YABU for spelling fence incorrectly a gazillion times on your post 🤣🤣🤣

Soontobe60 · 21/04/2024 14:48

Mnk711 · 21/04/2024 13:14

Just put a temporary fence up on your side and report him to the council, if for no other reason than he may do the same to you if your dogs get into his garden. I'm sorry this has happened to you, it's so stressful.

Report him for what exactly?

tissueboxandcandles · 21/04/2024 14:46

We had a hedge but our neighbour killed it. You can't control what people do from their own garden. It is probably best to put a really sturdy fence up just inside the boundary. With trellis on top and plant some climbing plants.

savoycabbage · 21/04/2024 14:45

I'm being responsible by checking what we should do

Get a real permanent fence. Keep your dogs inside until you've got one.

I've had neighbour issues in the past, you can't predict what they will do when they are acting so irrationally.

MetalFences · 21/04/2024 14:43

Youdontknowmedoyou · 21/04/2024 13:42

You don't have to contain your dogs.
He has to prevent access to his property.

Sure, in Opposite Land at the top of the Faraway Tree. 🌝🌳🧚‍♀️

(I can't believe there in no saucepan emoji)

victoriasnotsecret · 21/04/2024 14:39

@InTheShallowTheShalalalalalalalow it wasn't petty! We left things a long time and we're advised to report them.
I'm asking about the fence, we've taken legal action and we've had to.
Just want to use my garden and shared here to see who else has been in this situation - now I know we have to secure our garden so we will.
But yeah we think he's done it so our dogs go into his garden and then he can complain about us.
But what he and his family have done is much much worse.
I'm being responsible by checking what we should do

OP posts:
WhyIOughtTo · 21/04/2024 14:39

Misthios · 21/04/2024 14:24

So we know that he's being underhand

Well he's not being underhand, as he's been very clear about what he is doing and why.

If it is "his" fence, his duty to maintain and repair, I wouldn't imagine there's much you can do. Your dogs are not his concern or responsibility.

Good point, he's being the opposite of underhand!

TheSnowyOwl · 21/04/2024 14:37

BronwenFrideswide · 21/04/2024 13:18

You put up a permanent fence, no faffing with temp

This. You put up a permanent, sturdy fence on your side of the boundary, make sure it is clearly on your side and does not encroach at all on his boundary. He cannot object or do anything about you doing this, you are securing your property. He cannot touch your fence or damage it.

Yes, this is what to do. It also takes away any control he over as the boundary as you aren’t dependent upon his fence or lack of.

InTheShallowTheShalalalalalalalow · 21/04/2024 14:35

victoriasnotsecret · 21/04/2024 14:30

We are getting a temporary fence put in today. He's told me he's taken it down to antagonise us; so yeah maybe best we sort it ourselves.
We will have to mention it to the police because they are going to be prosecuting the neighbour anyway. They are just a weird family with loads of problems and although we've been neighbourly I don't want anything to do either them any more!

Why did you report them to the police in the first place?

I'm getting the feeling that you were quite petty in doing so, considering you felt able to confront him about his own fence.

Now you're saying you have to tell the police he removed part of his own fence... why? He hasn't done anything wrong or illegal.

This is going to end up in a hellish living situation for you op.

Cherrysoup · 21/04/2024 14:35

Youdontknowmedoyou · 21/04/2024 13:42

You don't have to contain your dogs.
He has to prevent access to his property.

Yes she does. That is her responsibility, nobody else’s. He does not have to prevent access to his property or replace the fence if it’s his. There is no legal requirement to put up a fence. OP needs to find out, tho, whose fence it is. Unfortunately, the boundary is often not marked on the deeds, so this might not be straightforward.

victoriasnotsecret · 21/04/2024 14:31

Ladyj84 · 21/04/2024 14:29

It's your responsibility to have a fence on your side not neighbours yes he may be being awkward due to his age probably or health issues but we did this regardless of a fence being up did our own for our kids and dog so it's a double one and we know there always safe when playing out etc. our neighbour is also very old and has her groutches but she is over all ok when we explain anything in a nice manner and we keep her age and mental state in mind

That sounds very kind of you

OP posts:
victoriasnotsecret · 21/04/2024 14:30

We are getting a temporary fence put in today. He's told me he's taken it down to antagonise us; so yeah maybe best we sort it ourselves.
We will have to mention it to the police because they are going to be prosecuting the neighbour anyway. They are just a weird family with loads of problems and although we've been neighbourly I don't want anything to do either them any more!

OP posts:
GridlockedKey · 21/04/2024 14:30

You should double check the deeds/covenants to be sure it's his fence and to see if there are any relevant covenents. There may be a requirement for him or you to maintain a fence. Usually there isn't but it's worth checking.

Ladyj84 · 21/04/2024 14:29

It's your responsibility to have a fence on your side not neighbours yes he may be being awkward due to his age probably or health issues but we did this regardless of a fence being up did our own for our kids and dog so it's a double one and we know there always safe when playing out etc. our neighbour is also very old and has her groutches but she is over all ok when we explain anything in a nice manner and we keep her age and mental state in mind

Happyher · 21/04/2024 14:26

Put your own permanent fence up on your side

TheDefiant · 21/04/2024 14:26

Your responsibility is to put a fence up within your boundary to keep your dogs safe.

At your cost.

As it's your fence, your land, your cost choose something permanent and pretty.

Misthios · 21/04/2024 14:24

So we know that he's being underhand

Well he's not being underhand, as he's been very clear about what he is doing and why.

If it is "his" fence, his duty to maintain and repair, I wouldn't imagine there's much you can do. Your dogs are not his concern or responsibility.

HappyEater · 21/04/2024 14:23

What did you have to report him to the police for?

Catza · 21/04/2024 14:23

victoriasnotsecret · 21/04/2024 13:13

We are putting up a temporary fence but what if he never replaces it. Should have asked that in my original post.

If he never replaces it, you would just have to put your own fence on your own property. I don't really understand the premis of the question. Your neigbour has no obligation to consider your dogs and, unless the fence is on your poperty, he can take the whole thing down if he wishes.

Anameisaname · 21/04/2024 14:21

Absolutely just sort your own garden out so it's safe for the dogs. Don't bother about his fence and his garden. Just forget about it

FormerlySpeckledyHen · 21/04/2024 14:18

Ignore the neighbour and put up your own fence ensuring it is on your own land.