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Original poster

Please look at photos and tell me where I stand re neighbour's fence

40 replies

pseudo · 21/08/2007 15:27

Didn't really know what to put this under. To cut a very long story short neighbours fence fell down several times. He replaced two panels (badly and not straight) and "mended" the third by hammering several bits of 2x4 to it. Not a problem except he put it up with the "mended" side in our garden.

We assumed this was a temporary fix because he had trouble getting the panels which are 7ft high, but they now have a buyer for their house... This has been ongoing for over 6 months and I think we've been quite reasonable in putting up with it.

I've got to go and ask him to sort it out. What I want to know is where I stand if they refuse? I'm assuming that pulling the wood off (and giving it back) is technically criminal damage?

OP posts:
Original poster
pseudo · 21/08/2007 15:49

That being the case can he do anything if I just pull the wood off? The panel would then collapse..

I wouldn't have a problem with chickenwire actually..

OP posts:
Blu · 21/08/2007 15:49

look at this site. you might find your answer in the discussion forum

It is a b it of a mess. Have you asked him whether he is planning to replace the panel or improve the patched up look of it in the longer term?

Original poster
pseudo · 21/08/2007 15:50

Our garden is only 34 foot by about 20 foot.

OP posts:
PrettyCandles · 21/08/2007 15:50

It doesn't seem that he's a particularly reasonable individual, after what you say about how he gained access. Could you go to his estate agent, and ask them to do something about it? Let them know that, unless he replaces the fence panel properly within a certain period of time, and before the property is sold, you will begin a formal dispute. It would be in their interest to persuade him to get the job done, as otherwise the sale could be held up. But how to do it without seeming malicious?

LIZS · 21/08/2007 15:51

You could wait until they have exchanged then remove the overhanging parts and oops panel has blown down !

MaureenMLove · 21/08/2007 15:53

Would the fence panel fall down, if you took the pieces of wood off from your side? Just a thought, and probably not very honest, but could you possibly wait until the new people have moved in and kinda pull the wood off then?

MaureenMLove · 21/08/2007 15:54

If only I hadn't answered the phone mid-post, then I wouldn't have posted stuff thats already been said!

smeeinit · 21/08/2007 15:55

if this is upsetting you then i would be inclined to approach the neighbour and ask if they intend replacing before they move. show him your side of the fence and ask if he can make it look a little less tatty if he doesnt intend to replace.

Blu · 21/08/2007 16:14

You don't need to maintain friendly relations with him as he is moving.
Ask him nicely to finish the job properley, and if he doesn't tell him you will write a formal letter of complaint and take him to small claims court. This he will not like - as he will have to declare it. There is a specific question on the form for your buyer which asks about disputes with neighbours. Even if he blames it all on you, says he has no responsibility for an attractively mended fence and makes you out to be a neighbour from hell, it will be to his disadvantage as no-one will buy!

Pixiefish · 21/08/2007 16:16

You are ina very strong position if he is in the process of selling.

First thing you need to do is wriote to the estate agent and tell him that you are in dispute with your neighbour over the fence.

That will stop the sale dead in its tracks.

That will also open up avenues of discussion with him.

If it doesn't then go see a solicitor

Rhubarb · 21/08/2007 16:16

I'm guessing the fence is shared. You are both responsible. He took the time to fix it, did he spend any money on it and if so did you pay for half? If not then I suggest you fix it yourselves.

Rhubarb · 21/08/2007 16:17

Ah, you've answered that already I see. Well, he is entitled to do what he likes with his fence then I'm afraid.

You can object, but I suggest you do so friendly rather than go in for the kill so to speak?

quint · 21/08/2007 16:23

Sorry if you;ve already given this info -

when did he replace the panels and add the wood to your side?

how did he gain access to your property?

why did you not complain about the height and the appearance at the time if it bothered you

By the way I agree it doesn;t look great, however I would have said at the time.

Hope you get it all sorted out

callmeovercautious · 21/08/2007 16:23

Try talking to him. We have a problem with ours as it is damaged but we can't get the panels at the minute (there is a national shortage after all the storms) and there is a restriction on what we can use in their place. My nieghbour has asked a few times and I think she is annoyed but we have explained and told her as soon as we can do we will!

May be a similar situation?

If all else fails contact the agent and say that perhaps the buyers want to check it will be fixed before they exchange?

LIZS · 21/08/2007 16:26

You could politely remind him that the repair was only a protem measure and you assume he intends to sort it out before he moves . Then see what he says...

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