Fizzing over neighbour removing our fence!!!

[kellyb220982]

So we returned home yesterday after being out all day to find the house behind us had removed our fence and replaced it with an 8ft high part concrete part wood monstrosity without a word to us beforehand! I'm now having to do everything in my power to stop myself from being very unreasonable!!! For 1 it goes beyond what is allowed height wise without planning permission and 2 they removed what our deeds show was our fence!!! Now the reasonable person in me who is struggling to gain control says maybe their deeds also showed it as theirs making it actually a jointly owned fence. But as their house/garden sits a good foot and half/2 foot above ours and it was not resting on their lawn it was clearly ours!!! Who the hell does something like that without giving your neighbour a heads up regardless of who you think owns the fence though?!? Not to mention the trespassing into our garden to secure their new fence. My DH then had to spend time last night tidying up the concreting mess they had left our side of their new fence (which has cleverly been erected so it does sit on their lawn and doesn't nick any of our garden). We also now have a giant ball of part soil part concrete left in our garden from the old fence fixings and their cut tree branches to dispose of. I'm just waiting to come home and find they've painted it all fluorescent green or something!!!

Solicitors letter to them to make good your fence, you should not have cleared mess up, but taken photos.

When they make good your fence, council to write to them to take theirs down as it contravenes planning fence height.

They must think it's their fence, why don't you go and ask them?

And call your local planning officers... (is this going to be another classic planning thread?).

I'm not one to say rush to your solicitor, but in this case if you are certain it's your fence than it's clear that you should do so.
Letter to demand they reinstate your fence in its original place. They have stolen it! If it's been broken up they will need to buy a new one.

Is the total height of the fence/concrete 6ft or 8ft? If it's only 6ft but as their land is 2ft higher than yours and its on their land then the height is ok for planning. If from your lower level the total height is 10ft then they need to reduce it.

It's not okay to remove your fence though and they need to replace it as it was. You
can report them for criminal damage. Plus they need to clear up any mess

I'd call council

They destroyed your property

I'd go and speak to them and then instruct the council to come and have a look

Take photos of any damage/rubbish

Throw the branches back if you can or dump on their drive

I suggest being in full possession of the facts. Download both yours and this neighbours' deeds (£3 each from the Land Registry) and see if they match up in terms of who is responsible for this boundary. If you put the original fence up, I think you are entitled to have it back. Also a quick call to the local planning department will confirm the height issue before you shell out for lawyers.

Can you talk to them? or is it not worth it given their thoughtlessness? I would be tempted to consult the council (after you've measured the height) to check what's allowed, and if necessary first write them a letter. What do you want your neighbours to do? Apologize, remove the arisings, lower the fence, make good your side?

Make sure you know it's your fence. Write to them, ask for what you want, and if they don't agree/get nasty go to a solicitor.

Contact the local planning department. Ask them for advise especially with regard to the height.

Go and knock their door and ask them. This seems simple.

Don't waste money on a solicitor's letter.

Check with your house insurers for free legal advice. It's on some policies.

Go and speak to them and take your deeds with you so there can be no confusion.

Why haven't you been round to ask them what on earth is going on? Is there a backstory?

Take pictures and write then a preacrion letter.

Firstly don't assume it's your fence, in our case although we own our boundary the fence is our neighbours

As willow tree said, the height of a fence in law is taken from the level it stands on so if it is 2 metres or less in their garden then it doesn't require planning permission

That said it's rude to do as they've done talking is a much better way to sort things out but they may genuinely believe or know that the fence is theirs

If you need further information gardenlaw.co.uk is an excellent site that will confirm the law for you

Who actually owns the fence?
My parents deeds say they are responsible for the boundry on the right hand side, many years ago the neighbour broke the fence on that side and so my parents refused to pay for the replacement, the neighbour paid for the new fence and now owns it. (of course the problem now is that the neighbours house has had about 3 different owners since the fence was replaced and assume my parents own it when they don't)