Neighbour attaching things to our fence?

[Anonymous23458d]

Can a neighbour attach the below to our fence?
I have previous issues with this neighbour with the previous owners before us he built his conservatory on our boundary. You can kind of see it in the pic. I noticed him doing something today before I went out so asked him if this is attached to our fence as he needs my permission really. It had all rusty nails sticking out of it and it isnt safe for me having children. His girlfriend called me pathetic and said I needed to get a life after I said he shouldve asked my permission before hes attached that to our fence. Am I out of order for this ? I have had so many issues with him in the past doing things that effect me and my property without him saying that I dont want it to happen again..
FYI he has also put rat poisoning down the side of our fence which leads into my garden when I two children under 2 and one crawling.

It’s not a council issue.
It’s a boundary issue if OP wants to pursue it
She’ll need a boundary surveyor

I don't know. I know a neighbour was able to make their next door neighbour move a fence about 6 inches after 5 years. I don't think you can just take other people's land.
Do you know the legalities?

I don't know. I know a neighbour was able to make their next door neighbour move a fence about 6 inches after 5 years. I don't think you can just take other people's land.
Do you know the legalities?

Yes. I also know legal action is extremely expensive and you never know what will happen on the day.

unless you can see into the future or reliably bribe a judge, or have £0000s to risk, it’s not really a realistic option no.

In England

Side 1. Gets a boundary surgery done by a registered boundary surveyor and gives to side 2

Side 2 agree. All good
Side 2 does not agree and gets a boundary surveyor to do a survey of which side 1 has to pay for

The two surveys are the same. Job done
The two surveys are different and neither side will compromise so
A third boundary surveyor does a boundary survey and Side 1 pays

The decision of the third surveyor is and must be accepted assuming it agrees with at least one of the other surveyors if it doesn’t the Third surveyor makes amends/ compromise

The third surveyor sets out the boundary on the ground by use of poles or other similar agreed method. Then the surveyor can, at the landholders request, lodge a dimensioned drawing with LandRegistry

Side 1 pays for everything

Ps. In the middle of all of that if the third surveyor cannot get both sides agreement it all goes to court led by the Boundary surveyors who charge by the hour, Costs a fortune and takes masses of time and a judge decides who gets the land.

There should be a full height brick firewall on the side of the conservatory that borders your garden.

I'm amazed the estate agent and conveyancer didn't pick up on the landgrab, was there any information in the sellers pack or on your survey.

Yes agreed.

I'd be more worried re the conservatory on your land which would make your house unsellable. Is planning department aware of that.

the estate agent isn’t going to care are they? And how would the conveyancer know? As far as we are aware there is no boundary dispute, the neighbour has simply plonked his conservatory over the boundary. The conveyancer wouldn’t be aware of that. As a PP said, it’s not like they offer an inspection visit.

Reading your update after I posted op i think you need legal advice as 7 years is a long time. Can't believe you completed on a property where someone was occupying your land. Please get some advice on this and it will effect resell as will come up.

Even if the boundary is on the deeds?

If there’s a dimensioned boundary on the deeds, which is vanishingly rare, then no none of this is required

The majority of land however is simply designated by a line on a plan. No measurements. Ownership is identified by the Tmark

That doesnt actually state the exact location of that line on the land though.

Doesnt look deep enough or high enough to need planning

Even when it’s on someone else’s land?

Planners don’t deal with land ownership or boundaries.

Can I ask what you would do if your neighbour decided to erect a new fence and took the few inches you had moved back from?

We have neighbours on both sides who let the fences rot. We ended up replacing them ourselves because one neighbour would have put up the cheapest fence he could find and the other neighbour wouldn't have put up any.

The neighbour who wouldn't have put up any is now growing heavy ivy up her side again (ivy was one of the main factors the fence broke originally as she doesn't maintain it).

If/when the fence breaks again, I'd like to put my own fence up 'inside' the fence but I have NO doubt my neighbour would remove the fence on her side and use my new fence again, gaining a few inches in the process.

My neighbour did this. He is a nightmare and built a massive extension without planning permission. The work went on for two years and made my life hell. They worked out of permitted hours and chucked all their debris into my garden. When it came to the fence he attached his to mine and when my partner challenged the workmen they said that the owner is so rich he can do what he likes and it’s punishment for me as I objected to his planning application. He has since won his appeal (massive bung to get it over the line) and there is nothing I can do as it’s a civil matter. Every day the ugly fence and damage to mine makes me furious but he has all the money and I will never win. I will probably end up moving. Sorry that’s not helpful, it just touched a nerve and I needed to vent! I hope you can get yours sorted!

Why not put up a fence you like on your side

I’ve already got one! He has attached his tacky crap to it! I’m being petty but he didn’t bother asking and the response that he can do what he likes as he’s so rich really grates.

We’re in a conservation area and he’s ripped out loads of trees and shrubs (including some on my land) and paved over the front garden despite the plans saying no greenery would be disturbed. Basically he’s a rude, obnoxious arsehole with the taste of Donald Trump!

Lots of people say there’s no trees etc on site and then pull them down

First wiff of a potential application and we should all get out there with our cameras

You can put in an anonymous report / complaint to the planners. If Google earth have an aerial view before he ripped out the trees etc include that as evidence. They will insist on evidence.

He can’t attach stuff to your fence but I’m afraid that’s a trickier one to do anything about

Our neighbors did the exact same thing to our fence down to the horrible plastic foliage cable tied on, but you know what, whatever 🤷‍♀️ I'm just looking forward to the next good storm where it'll all blow off 😂 I have a lot more pressing concerns right now than ugly trellis and if it means I don't have to see or speak to them when I'm in the garden then it's a win imo

Sorry to put a dampener on your future plans but I wouldn’t be surprised if you have difficulties when you come to sell. More astute purchasers won’t be happy about the conservatory encroaching across the boundary.

I hope you've realized that in your story you're the cheeky neighbor.

But you're right, fences make good neighbors.

From a legal prospective, it depends how long the conservagtory has been there. After so many years (not sure how many) there will be nothing you can do. Check with council.