For starters a timeline…
2014 this house built on land between two others a boundary fence was put round as per in position on plans
2016 we purchased and moved in
2021 neighbour with issue moved in
2022 cut down all tall beautiful hedging changed two fence posts on our fence and put up crappy lattice on top of half the fence that kept blowing down is now discoloured and mismatched with the grey fence put in by the builders who built this.
so basically the fence round our garden needs changing.
This neighbour it’s her boundary
however it is our fence
I tried talking to her when she added trellis and changed two posts….both whilst we were out at different times. She basically said it is what it is and waved me away. She is quite difficult to have a conversation with. She’s retired from a job and position where she had a position of somewhat power and stance and clearly can’t step down in her head as she questions and intimidates people working in the street etc and has literally made it her business to know everyone’s business in our small street. It’s to the point where I feel I have to warn anyone working on our house she will be round asap.
I am not a shy person I’m not someone to be intimidated but her tone etc does something to get me flustered.
Anyways we want to update the garden and need a new fence on our boundary the other side. We would like it to match and want to put in expensive composite fence which would be a whole lot better than 12 year weathered wooden fence.
Today i got a couple of small pots very lightweight very small pots that loop over the top of the fence.
I hooked them over the trellis in an attempt to hide it with a small trailing fast growing plant.
She was out there in seconds saying it wasn’t safe and what was I doing. I said trying to hide the ugly discoloured trellis.
She said but it’s mine
I said yes but you put it on my fence when you cut down the lovely hedges.
She replied no it’s my fence my boundary
I said no it’s my fence probably on my land as the builder put it in all round the plot and this was agreed by previous neighbour in front of their henges that has grown lots over time that had formed a previous border over a very small old wired fence apparently.
She replied well I’ve maintained it and I replied yes but still not yours (and no permission just presumption)
She claims it’s on her land.
I said look I’m going to put a new fence in composite no maintenance etc
She replied well I’m not giving you permission to come onto my land to replace it. I like it (an old weathered fence) but I can replace the fence at the back of my garden (she owns the tiny strip behind the back fence. I said I am not bothered by that so much as there’s lots of greenery in front of it.
Anyways it was left saying check your land registry etc and other things well I happened to have all these on hand and looked at plans on planning permissions and it turns out the fence is on my my land
what’s more her path/side down the side of her house I own. She put a back/side door in and I didn’t question this when she put in retrospective planning permission. Previous owners had no door there or gate to access as was massive trees/bushes
Now I know the fence is mine on my land
Now I am a petty minded person when riled so now I literally want the new fence to the boundary and reclaim about two foot of land out of principle. She’s created a large flowerbed where she took down the thick bushes which mainly is on my land it turns out.
I can also prove the fence belongs to this property so would I be petty to remove the fence except her two poles she replaced and her trellis. Also the one along the back.
She was adamant she wouldn’t give me permission to replace it and told me to knock down my built in planters to fit it on my side.
Even if the fence was bang on the boundary line would she suddenly own it upon buying the property? I can literally prove it was put in by the owners of this house. She is adamant it’s hers.
so am I being unreasonable to claim back the land meaning she wouldn’t be able to use her door easily and that side access to her garden which is mainly on my land and or am I unreasonable removing the fence so she has to replace it hopefully on her correct boundary.
For a little more context she had said some quite hurtful smarmy comments about my disabled son and has got my back up with other things she’s said before including not trimming the tree that hangs over the fence causing damp and making it go green and causing us to have sweep it all up in autumn and dared to moan when a few bits of paint peeled off a wood panel on our house
and landed in her garden (2 leaf size bits)
I am now considering building a conservatory there as it would benefit my son as an add on to his playroom and give him better access/facilities as I believe we can add ten per cent to the house without planning permission at least we were sold that idea when purchasing but not sure if true.
Luckily my sons solicitor is coming to discuss his trust fund as my son owns the house purchased after settlement for negligence so I’m hoping he will go there and say yeah we are changing the fence lol
Another reason we would like to replace with something more sturdy is he often goes at speed crashing into the fence either in his wheelchair or go kart despite me telling him not to, it happens.
anyways thoughts? Ideas?
im guessing my diagram will take time to be approved it hope it helps!!