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we've annoyed our neighbour..

29 replies

advisemewisely · 24/08/2012 19:33

we are a mid terrace house, 1 house each side. the gardens go down into a kinda triangle at the bottom. if you look out our back window the house on the right has a shed at the bottom of their garden, but cause of the pointy end of the garden there was an empty space behind it, roughly the same length as a fence panel. the fence that seperates us and them was their responsibility, but as they had the shed at the end there was 1 pannel missing on our side. their end panel ( on the far side seperating their garden from the path) blew down in storms, 6, or 7 yrs ago. as their shed was at the end it meant their garden was not open but ours was. so we asked them to repair either the boundry from us to them, or their far panel which had blown down, they refused, as it didnt leave their garden open. they also rented the house out privatley, so didn't care about the fences.
but it left our garden not secure and it meant the kids couldn't go out alone, as they could just wander out of the garden.
so after asking them for 4 months, and getting absolutley nowhere, to the point they wouldn't reply to calls, refused to talk to us in the street etc, we put a panel at the back of their shed, attaching it to our panel at the bottom of our garden. in doing this we gained a triangle of their garden. about 100cm by 60cm by 60cm.
this was 6 yrs ago.
today the husband knocked on the door and went batty at me, that we have stolen his land and devalued his house, and he would take us to court...
i said he was welcome to his land back, as long as he made sure that our garden was not left open again. i even told him he could use the fence panel we had put up to enclose his garden again, so ours would remain closed.
but no, thats not good enough. he wants compensation!!!
so oh wise mumsnetters, what the hell do i do????

OP posts:
MontBlanc · 26/08/2012 20:59

Compensation for what exactly!? Enclosing a tiny piece of garden he hasn't missed for 6 years. What a loon!!

He hasn't got a leg to stand on, just ignore him.

Fizzylemonade · 26/08/2012 22:13

Unless the deeds specifically state that he has to erect and maintain a fence on the boundary then he is as others have stated under no obligation to put anything on the boundary between your land and his land.

That said, the last thing you want is a neighbour dispute, you may think that these things can't get worse, so I will direct you to www.gardenlaw.co.uk and have a look at their forums where these things can escalate like you would not believe and can go on for years and years.

In all honesty, it was you it affected, not them, so just suck it up, remove what you have done and replace those two fence panels. It is so not worth the hassle.

Personally if I had a shared fence between myself and my neighbour I would put my own fence up just inside the boundary on my land so it is mine, no-one else has to maintain it and I am fully responsible for it. I wouldn't want to rely on someone else seeing what I consider a priority to be a priority for them.

digerd · 06/09/2012 18:59

Mercibucket is absolutely right in the law, I'm afraid. I understand your feelings, but the law is just not on your side. There is no law that forces anyone to even erect a fence on their side of the boundary, or to keep it maintained unless in the deeds. But you can at your own expense if erected on your side of the boundary. The best thing, although hard for you, I know, is to swallow your pride and sense of injustice , as the law is on the side of your neighbour, I,m afraid, and it is 12 years of accepting encroachment, not 6. Less expensive and traumatic than a civil court case, which you will lose.

advisemewisely · 06/09/2012 19:07

well nothing more has been said by the neighbour.
i knocked the next morning, and said that i understood that he was annoyed and he was perfectly welcome to remove anything we had put up that he wasnt happy with, and that when he wanted it taken down to let us know. we would take it down with him so he was sure everything was as he wanted it.
he said fine and since then ive heard nothing from him.
tis weird.

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