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Boundary Fencing - Help legal help needed

10 replies

mumsapoppet · 03/05/2011 19:36

Hi all
Can any one help me, first I am not sure whether this post should be in gardening or under property. I have not posted before, well heres the problem. I have lived in my house now for ten years and for all that time have been in dispute with my neighbour about the fence between the two gardens, there was only a metal chain link fence along most of the length with concrete posts and about a two metre section of wooden fence which was old and rotten. heres the problem my neighbour has a hedge which consisted of loads of different things, burberis, holly etc which was grown way over onto my garden, so fed up with cutting it every year, when we had a extension done we started putting up a fence cutting this hedging back, this has taken several years to get half way up the garden because every time a new piece of fence goes up, my neighbour shouts and hurls verbal abuse at me, for cutting his hedge etc. So this weekend another two panels went up and the old rotten fence came down, my neighbour was away, I did know this but you can't do anything with him around because things have got so bad. Today when I came home from work another confrontation took place with them banging on my front door. They say that I have trespassed on their land and didn't ask permission, I know that they wouldn't have given it, they say I have taken their fence down, this section of fence was there when I moved in, they also say its six inches on there land, this is rubbish, the fence is a little uneven as it goes up the garden because of the problem of cutting his hedge to put the fence in, what they are saying is that they have been in touch with their solicitor who says that I don't have the right to put go onto their land, this was only done to put an old empty plastic pot which was attached to the other side of the fence into their garden. They say that I have to provide them with a new fence, they have a new fence which I pointed out, one which is much better than what was there before? also I have no right to keep this old fence, I was going to dispose of it by taking it to the tip. This boundary fence on this side of the garden is my responsibility I was told by the neighbour on the other side when I moved in and this is the way it seems to have worked since I moved in, I did have problems with putting up a fence at the front of the house because there was a massive holly hedge in the way, he took exception to me putting this up,
I am sorry for the long post but I came back into the house and cried as he really upset me not just about the hedge but with personal remarks. I really do not know where to go for help,

OP posts:
LaurieFairyCake · 03/05/2011 19:40

If he makes personal remarks then shut the door - if he harasses you call the police.

Check the fence is yours - is it on your deeds? If it is, continue - the fence is on your land.

mumsapoppet · 03/05/2011 19:43

I will really appreciate any help and advice can be given to me, surely I am not being unreasonable to want to have a fence along my boundary.

Thanks

OP posts:
LIZS · 03/05/2011 19:44

Firstly you need to check the title deeds for any information as to whose boundary is which, not rely on your other neighbour or any suggestion fo protocol. A surveyor could then establish where the actual demarkation lies. You are entitled to put a fence on your side of it, even if it is technically their responsibility, and cut back hedges overhanging. However normally you would ask prior permission to do work which requires accessing their land (such as painting an exterior wall) and they should give it if reasonable. Some councils have arbitrators for neighbourhood disputes but be careful , if either of you come to sell you will have to declare this issue.

virgiltracey · 03/05/2011 19:50

do you have your title deeds. the boundary will be marked with a "T" mark. whichever side the stalk bit of the T points towards owns the boundary.

If you don't have copies you can get office copies from the land registry for a very small sum. it used to be £4

Even if the boundary is not yours you can put a fence along it as long as your fence goes on your land. So for example if your neighbour has a pink spotty fence which offends you, you can erect your own fence right next to it on your side of the boundary. You can't take his fence down though. If his hedge overhangs your land you can cut it back but legally the cuttings belong to him and you must return them.

mumsapoppet · 03/05/2011 19:53

I tried to check with the land registry several years ago but this didn't help, as nothing was on the deeds, he says hes going to phone the police about me, as to trespass I never said anything to him when he kept coming into my garden to cut back a massive fur tree which he has since took out because he new a fence was going up.

OP posts:
mumsapoppet · 03/05/2011 20:00

Thanks for the advice, I will try the land registry again as the deeds will be with the bank. The fence which was taken down was old and had been there since I moved in, I didn't know who it belonged to, it was rotten and needed replacing.

OP posts:
smashingtime · 03/05/2011 20:02

Try this website www.gardenlaw.co.uk/

queenrollo · 03/05/2011 20:02

i wouldn't worry about him calling the police about trespass, as far as I am aware there is no criminal offence of trespass, he would have to take out a civil proceeding against for you that.

virgiltracey · 03/05/2011 20:04

It doesn't really matter whether the fence was old and rotten. if its theirs its theirs and you have no right to remove it. Similarly it doesn't matter if you moved in first. For an easy solution just sacrifce a few inches and put up your own fence on your own land. might stick in your throat a bit to give him a couple of inches but it will avoid all the agro.

mumsapoppet · 03/05/2011 22:55

Thanks everyone for your advice, I'm feeling a little better now and am able to put things into perspective. I will follow up on the advice that you have given me.
Thanks again

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