Nasty neighbours have taken my fence

[cleowasmyfirstcat]

A neighbour at the back of my property has taken advantage of the fact that I'm an older female and kids bar 1 have moved out.
My property has a low metal fence at my boundary, side and back. It's my fence, which I've confirmed on land records.My property is around 90cm higher than his, with the fence being on the 'high' bit. I think he's also taken a bit of land, approximately 40cm by 3m, by clawing at the boundary with a digger.
I went out to hang the washing to find that he'd removed a section, without my permission. Yes it was an old rusted fence but he had no right to remove it. He's said he's putting up a new one and the posts will be on his property.
Question - he's kept the fence. Legally, should I ask for it back?

Sounds like theft and/or criminal damage

Get The Police round

Yes, if the fence is your property, tell him you want it back.

Do you want the fence back? What would you do with it?
Just make sure that the fence he's putting in IS actually on his land. Is there any way you can put string line up or put marks on the posts at the far side. You'd have more of a battle if he puts up his fence and then you object.

Thanks for replies. When my kids were small, they'd use a v narrow bit of land at the back of my property and the neighbour to my side's property (at their back also), to get to a field. Those neighbours put up a high fence for their dogs, in front of 'their' section of metal fencing. They've literally just sold up and new people moved in last week so they probably don't know about the narrow strip behind their wooden tall fence - which the nasties have removed also. I'll speak to them tomorrow to ask if they are ok with what's happened. Our gardens are a steep 90cm higher that that idiot at the backs garden.

The metal fence at the back of next door's garden, along with their section of narrow walkway, has been removed

I think we need a diagram

Happy to be proved wrong but it sounds like an easily confusing situation if there are two rows of fences (I think that’s what you mean? It’s very hard to follow. A diagram would help). Are you saying your land extends beyond your fence? I wouldn’t jump straight to the conclusion that they are nasty or taking advantage. Did you have a full conversation with them? But yes, absolutely tell them you want it reinstating.

Criminal damage. He needs to make it good. So build the land back up where there is currently a gap by the sounds of it and put a fence back on your property. No point giving you a pile of broken metal back….it needs reinstating back to how it was.

Can you take pictures of where its been taken down and where he has es clawed at .

@cleowasmyfirstcat even if unintended, this is trespass, criminal damage and theft if he's broached your boundary and removed your fence.
You need to mark out the actual boundary as suggested and then tell him in writing that he needs to make good any trench on your land and reinstate the boundary fence in the correct position. If he decides to use your old fence to do so there's not much you can do about it but at least you've reclaimed your garden

Sorry for the late response. My kids said I was over-reacting. Here's a drawing which I hope will make sense.

Criminal damage. You're not over-reacting.

I've tried to copy and paste the drawing but it won't show for somereason. I'll try again.

How do I add an attachment? When I click the paperclip, a box saying 'text' and another saying 'link' come up. No option to search for the appropriate file

Police

Take a photo of your diagram and attach the photo using the paperclip
symbol

I think this is the time for a solicitor’s letter with an attached copy of the deeds that show you own the land they have dug up. Insisting that the land is returned and it is refenced at their cost.

By the sounds of it I’d be grateful he got rid of it and enjoy the new fence without having to pay for it

And lose part of your property?

Not sure how that works as OP says the new fence post are on his land

my guess is with op garden being 90cm higher there should be a substantial and stable retaining wall which there isn’t just a mound of earth
The earth has fallen away due to there not being a retaining wall

Select Add image, then Add image.
Browse to the image.
Select Open.
Select Post.

(Your post needs to have some text in it.)

OP, you can look at old aerial photos on Google earth. They might show where the fence was?

Op already said the new fence post is on his land so he hasn’t taken her land

You said you had confirmed your ownership of the fence from land records.

Actually all that land records (conveyancing documents or deeds etc) show is responsibility for maintaining a boundary.

It does not necessarily mean any physical fence on that boundary belongs to you or not.

Anyone can put up a fence with agreements made at the time which are not noted
anywhere when you buy a property.

I have fences on all three side of my property which I paid for because other neighbours weren't able or willing to do so for differing reasons and yet I don't have responsibility for the boundaries on my deeds.

So you may own this old fence or you may not.