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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To be fed up with neighbours moving our fence

26 replies

annoyednow · 20/09/2013 22:47

Have had lots of boundary trouble with people who bought next door and then claimed boundary line in our garden in unsuccessful planning application. Chartered surveyer hired by us said their claim was baloney and present boundary fencing was correct.

Well... they have being stealthily moving posts in our fence out the front between our houses while doing their front garden. The fence is less than fifteen feet and has four wooden posts with three panels. The two posts at either end of the fence are bolted to walls. One end is the house wall and the other end is the front boundary wall. The are the only two posts that cannot be moved. The have moved the other two in between towards our garden; just a bit but enough to bow one of the panels. They have now pushed the panels to join the posts. The panel from the post at the outside wall is the huge problem. When they pushed the next post in, the panel the vertical strips of wood on the horizontal planks got damaged and broken as it changed direction and the strips were holding it in place. This area is behind their gate and they have pushed their bins in their bins here. They can do this as they are pushing against the panel which is being bowed as there are no vertical strips holding it flat now. There was a big bush down there covering it on outside and we have cut it as we couldn't see what was happening here before. By moving the posts a little they created this more space for this.

The posts were in soil, so I presume they dug out the soil and moved metal post holders back. They have then added compost and wood chips to area. It is just a boundary fence and not meant to take constant bashing.

As the only two posts that they didn't/couldn't move are the end ones, should we take the other two up and reinstate fence and panelling in straight line. What will I put down where they are bashing the bins against the fence panel? This fence is straddling the boundary and we are responsible for it in our deeds.

OP posts:
volvocowgirl · 20/09/2013 22:49

Get someone in to build a brick wall!

BoundandRebound · 20/09/2013 22:49

Send a solicitors letter nd get them to make good

annoyednow · 20/09/2013 22:57

We're not building a brick wall as that then becomes a party wall and that will lead to other issues.

We're not going to any extra expense. I'm going to reuse the old posts and will patch up panels with any wood lying around that will do the job.

A solicitor will cost us. Maybe in the future if damage keeps happening. I suppose I'm wondering if anyone had experience of stuff like this. Also any suggestions of how to deal with the panel area where they are bashing their bins against the fence. I suspect when they open their gate it smashes the bins against the panel as well.

OP posts:
BoundandRebound · 20/09/2013 22:58

Don't you have legal cover on your house insurance?

annoyednow · 20/09/2013 23:09

Yes, we do have legal cover. I think they would only cover court costs of something like. I don't think they would deal with fence issue. It is fairly surreptitious and creeping.

OP posts:
itsn0tmeitsyou · 20/09/2013 23:12

YANBU... I would be absolutely livid!!

Have you spoken to them directly? Told them you are not bloody idiots and can see what they are doing, and if they don't stop, you will see them in court, and ensure that your solicitor sues them for all your costs too.

I know lots of people don't like confrontation but I think it can be pretty effective if you can hold your nerve and not punch them in the face

Someone owns the fencing. Is it you? Check your deeds to see who has responsibility for which fence. If it's you, they are causing damage to your property. If it's theirs, put something of your own on your side, like a hanging pot or bit of trellis, and if that gets broken you can demonstrate they have damaged some of your property with their actions. They sound like twats. What is the point for the sake of what, 6 inches??? How far do they think they will get?? GL OP

earlgray · 20/09/2013 23:14

Take photos, at least then you can monitor what's happening if you want to do something in the future. My neighbour is in dispute with a 3rd party and is very careful to record times, dates and uses pictures as evidence. Might seem ott now but could come in useful later.

annoyednow · 20/09/2013 23:32

Yes, we own the fence and are responsible for it. I wouldn't care about the panel if it was theirs (and they wouldn't be damaging their own property). This fence is on the boundary.

It started when their workman was doing stuff in their garden. When I came home our bush looked more overgrown on their side. In retrospect, this is because panel and post had been moved towards our bush in our garden. I couldn't put my finger on it for a while though, as the bush was covering the view of the panel from our side.

Then later on I saw the bow in the panel from upstairs and could see the bow in the panel. It was only this week I saw signs of the posts being moved and we've cut a lot of the bush area away so can see this end of the fence and the damage.

I am right to realign it. It's quite stressful living next door to people who do stuff like this.

OP posts:
annoyednow · 20/09/2013 23:37

We have taken a photo of the post at the front wall and the post on the house wall is on visible boundary line. I checked this against the location visible on google earth, so know this hasn't been moved. As the two at each end are ok, I should do a straight line between them. It is a front garden and all the other front garden fences on road are in straight line.

OP posts:
Navycake · 21/09/2013 04:32

Get concreted posts and a bottom panel of concrete with ordinary panels above. This can't be moved, doesn't become a party wall, and will also last forever! They're good too because it means the panel isn't in contact with the soil and can't rot. It'll be an expense initially but you need to get the message over that you're not kidding, and that the fence is staying put. Cheeky buggers.

mrspremise · 21/09/2013 07:02

?this? Good luck Smile

Altinkum · 21/09/2013 07:29

This reply has been deleted

Message withdrawn at poster's request.

Sunnymeg · 21/09/2013 07:41

With the legal service on your house insurance you can ring and get free advice about what you should do. The legal service covers all sorts of claims, not just those related to the house itself. I had a medical negligence claim and that was done through the legal service linked to our house insurance (NatWest) I cannot recommend it highly enough. It meant we had the reassurance that we could commence the medical claim knowing if we didn't win then we weren't liable. It took three years to win, and we would have had to throw in the towel without it.

digerd · 21/09/2013 07:50

If a fence in ON the boundary then part of it is in your neighbours garden and is termed a shared fence.
Fences should be erected on your side of the boundary on your land.
Got this info from our council.

vtechjazz · 21/09/2013 08:38

Definately move it back, before they build their own fence pressing into your property on their side. Is maybe why they are doing it? Do they want two fences??

MadeOfStarDust · 21/09/2013 08:54

Yep - if a fenced is owned and maintained by ONE party, it should be SOLELY on that party's land and not encroach ONTO the boundary.

The neighbour may actually be in the right......they are entitled to access to their land right up to the last inch at the boundary - as are you.

Lilacroses · 21/09/2013 09:54

Nothing to add except that we have finally resolved a fence issue with our neighbour which got well out of hand. Reading some of the advice here I'm now not sure if we did the right thing! Anyway, I sympathise. It sounds petty but it can actually be very stressful. I hope you get it sorted.

Lilacroses · 21/09/2013 09:56

Just out of interest though if someone "owns" a fence does that mean all the fixings should be on their side or is that irrelevant?

BoundandRebound · 21/09/2013 09:56

Legal cover on house insurance should cover this

annoyednow · 21/09/2013 16:50

Thing is, the fence alignment has been like that since before we bought the house. It is straddling the boundary to the front and completely on our side at the back. It is our fence with responsibility on our deeds.

If there were just moving to my side of boundary, it would be only half a post width. This is not what is happening. I won't know where the boundary at the front garden wall is if I move it.

I have been looking at the houses where there are dividing walls rather than fences and they seem to be straddling the boundaries between the houses.

OP posts:
BoffinMum · 21/09/2013 17:02

Usually the fence posts face the garden of the owner, with the owner putting the other side (the more attractive side, sadly) facing the neighbour. So where are your fence posts?

digerd · 21/09/2013 17:05

We still have the original boundary posts that had a hole in the middle through which a wire went. The middle is the boundary, and whoever has the responsibilty for their side fence < decided by the neighbours and not in the deeds btw>, must erect the fence on their own property on their side of the boundary post. Not on their neighbour's property. A fence, wall or hedge built, planted ON the boundary is shared .
OP yours must have been agreed by the neighbours years ago and entered in the deeds.
Our and DD's were not on the deeds but on the solicitors info pack under the question which side of the fence is your responsibity for the seller to sign. Others on here have had the same.
.

digerd · 21/09/2013 17:09

Yes all fittings should be on your property. Lila.

caroldecker · 21/09/2013 17:16

Small claims court for the damage to your property - very cheap and no solicitors needed.

annoyednow · 21/09/2013 17:20

This fence has posts between the panels. The panel is sort of a rectangle attached to the posts by hinges.

The fence is on the boundary but not jointly owned. It was like that when we moved in. It is shown on the deeds as our responsibility. It is an early 1900's house.

OP posts: