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

[victoriasnotsecret]

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.

If you are renting the house, you wouldnt be able to or even want to go to the expense of a fence but you could put your dog on a long lead in your garden so that they are secure still. We don't know the backstory but if its likely the neighbour is to be prosecuted for their actions so far, I'd make sure I had your own garden covered by a camera if not already.

It's your responsibility to keep your dogs in, not your neighbours'.

"My neighbours have removed their own fence in order that my dogs will go into their garden so that they can then report me". Hmm, interesting.

As others have said, your neighbours have no legal responsibility to have or maintain a fence.

You have a legal responsibility to ensure that your dogs do not leave your property.

Put up your own fence.

If you deliberately sent your dog to crap in my garden, I'd return your "property" by splatting it on your windows.

And I'd raise a glass as I watched you cleaning it off.

@victoriasnotsecret The information quoted is totally incorrect. The owner of land, in this instance, has no obligation to ensure any stock, in this case your dogs, off the land. The owner of the stock (dog) is obligated to take action to keep the stock from accessing the land.

So, ignoring all the neighbour issues, and for whatever reason the fence has been removed, it is up to you to ensure your dog does not enter your neighbours property.

Put up a strong fence, ensure it is on your land or the boundary, and know your neighbour is not allowed to attach anything to your fence.

Put your own fence up but paint a massive penis on the side that faces him. He will soon put the fence back up.

🤣 Please do this. And of course he's not allowed to paint your fence without your permission.

Yeah OK except that is why he's done it, right? To report trespassing/aggressive dogs etc. Or worse poison them. Can you give me a good reason why he would have done it otherwise? It is obviously for some kind of reason that is negarious given he is angry with OP. In conjunction with a police report for a separate issue it isn't crazy to report. But in any case better to fence him off and ignore him.

it isn't crazy to report.

I can't say I agree. Reporting someone removing their own fence to the council because they could be doing so that you will let your dogs in their garden is crazy. What could the council say?

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.

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?

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.

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…

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.

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.

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.

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.

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

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.

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.

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.

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.

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.