Boundary Fence

[Searchingforananswer2023]

I'll keep it brief:

We live next to an unoccupied property which is in a state of disrepair. We were council tenants who bought our house. The landlords son visits the property and we think has been given it by his father.
The boundary fence between us is legally his, however, we have replaced panels over the years with council permission (before purchase) and I have a letter to confirm replacement for panels with a stipulation that the owner was not allowed to remove the boundary fence. There is no dropped kerb outside the house so he uses our drive to access the property and he has ambitions to move the boundary so he can swing in via our double dropped kerb.
Last week he removed the fence panels and has locked them in his garden, telling us that he is in charge as the boundary is his. He is VERY aggressive and we have phoned the police who have referred it to the community officers.

What can we do? AIBU to insist that the boundary is in place? I have receipts for the panels replaced again at Easter. The fence posts are still up but he keeps pushing them when he visits, hoping for a reaction but the police have said not to approach him until they intervene. Does anyone know where I legally stand? I have applied for a H marking today but it takes 28 weeks to complete.

I would just erect a fence inside my property boundary

then he can do whatever he wants with his fence - no one is obliged to have a fence

If I am reading this correctly, the council no longer own either property? If so, look at your documents that came with the sale of the property and see whether a fence is part of the owner’s responsibility (it might have just been something the council had in their leasehold or tenancy agreement). Either way, you can put up your own fence on your side of the boundary if you need to.

@TheShiningCarpet this is an option but I do not want to give in to his bullying. If we put up a fence he will drop his and park over the shared path into the shared entry. This has been a 10 year campaign on his behalf and his uncle who previously occupied the property to get rid of the boundary and access via our drive. We have numerous logs with the police and we are being harassed over the same issue.

You can put the fence panels flush against where the boundary is. A hair’s breadth on your side. He has no right to do anything on your property. He sounds an aggressive bugg*r.

@Cailleach1 he is very abusive, which is why I do not want to give in.

You could put up some poles flush against where the boundary fence would be. Join wire along them, and trail climbing plants.

can you draw a diagram please - not sure how the fence and the drive are connected?

Legally the fence panels are your property and you ask for them to be returned - then build a fence on your land next to the boundary.

Have you contacted the neighbourhood police?

I bet someone is going to come along with (penguin) bollard suggestions.

like these

Put your fence or any fence right against the marked boundary but in your side. Do not attach to the orginal posts but your your own. You’ll lose mere cm and he cannot touch the fence as it’s yours. A couple of cm won’t help him with her drop kerb issue.

What his trying sounds like a land grab across your drive / garden when he has no rights to be on it.

I do understand this, but why are you expending so much energy just to 'win' against this loser?

Just put your own fence up and be done with it? 🤷🏻‍♀️

Build a wall on your side. More solid than a fence.

You can't stop him doing what he is legally allowed to do but you can do whatever you are legally allowed to do to make things as convenient for yourself as possible. So a solid fence on your side. A collapsible bollard on your driveway, massive stones as borders, a wall instead of a fence - you have options here.

If the fence panels are your property then you should demand them back and if he refuses then report the theft.

If you don't already have cameras might I suggest you get some.

And don't give an inch. His type see neighbourliness as weakness. Don't try to be nice. It won't help.

I'm not clear on the drive situation. If it is a shared drive, with access specified in the deeds of both properties, you can't prevent that.

Additionally, unless it is specified in the deeds, the owner responsible for maintaining a boundary does not need to actually provide a fence, or any physical boundary.

I'm not sure why the Council gave you permission to replace fence panels when they don't own the fence, or responsibility for the boundary. But the neighbour should return your panels to you. He doesn't have to replace them.

We're really going to need a diagram you know...

Then you’re making life difficult for yourselves.

Who cares about “giving in” to some asshole as long as you get the outcome you need? That’s playground stuff, and by forcing you to mentally engage with his games of “giving in”, he already wins.

Erect a fence within your boundary. He will be completely powerless to do anything about it.

Park your car on the drive so as to prevent his driving across your dropped kerb and drive to access the plot. He can talk to the council about his own dropped kerb if he wants one.

Get concrete posts and base boards for your fence on your property, and run it to where he can't access your drive if possible 🤷‍♀️

Big planters along the boundry in your property?

Can you draw a diagram? I don’t understand how he’d be able to use your drive if you erected a fence