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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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:
WallaceinAnderland · 21/04/2024 13:23

He does not have to have a fence if he doesn't want one. Nor do you.

Whoever wants a fence, puts one up. You say you need a fence because of your dogs, so it's up to you to erect a fence.

Why do you think he should do and not you?

Elebag · 21/04/2024 13:26

He's clearly nuts. Sadly you can't do a thing. I have a mad neighbour who didn't have a fence up when I moved in, they didn't want a flippin' fence so I had to pay for it and lost 1ft of small garden.

You'll have to suck it up and bang up a 6ft fence just on your side of the boundary pronto. Concrete posts too.

DirtyDensDog · 21/04/2024 13:37

I would be putting a fence up as soon as possible. You don't want to run the risk of your doggies going onto his land. What happened for you to report to the police.

Youdontknowmedoyou · 21/04/2024 13:42

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

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.

Mnk711 · 21/04/2024 13:51

MereDintofPandiculation · 21/04/2024 13:16

What can you report him for? "My neighbour took down his own fence?"

Different matter if it was your fence.

Well I'd imagine if you googled it you'd find something specific 😅but I would say for aggressive behaviour and deliberately leaving a gap so that your dogs are not safe. You could tell them you're planning to put a fence up your side to resolve the issue but you are concerned that he is deliberately trying to cause your dogs to go onto his property so you wanted to make them aware in case he tries to report you.

User56785 · 21/04/2024 13:55

Well I'd imagine if you googled it you'd find something specific 😅but I would say for aggressive behaviour and deliberately leaving a gap so that your dogs are not safe.

The council isn't the right place to report aggressive behaviour.

The neighbour has no dogs so he doesn't need a fence to keep his dogs safe. She would be reporting herself if she rang the council about her own dogs not being safe.

Jeezitneverends · 21/04/2024 14:03

Mnk711 · 21/04/2024 13:51

Well I'd imagine if you googled it you'd find something specific 😅but I would say for aggressive behaviour and deliberately leaving a gap so that your dogs are not safe. You could tell them you're planning to put a fence up your side to resolve the issue but you are concerned that he is deliberately trying to cause your dogs to go onto his property so you wanted to make them aware in case he tries to report you.

Or instead of “reporting “ him like an 8 year old in the playground, they could just put their own fence up ?

Cosycover · 21/04/2024 14:17

You have no rights. Its his fence.

Get your own fence.

FormerlySpeckledyHen · 21/04/2024 14:18

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

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

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.

HappyEater · 21/04/2024 14:23

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

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.

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.

Happyher · 21/04/2024 14:26

Put your own permanent fence up on your side

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

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.

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:
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:
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.

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.

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.

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!

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: