Fencing Question

Fencing not erected along boundary

My neighbour has erected a new fence and has moved the fence posts so thay are now around 20-40cm off the boundary and the whole fence is now in my garden. My garden is only 6m wide so it's a fair chunk of my garden. Fence is also not in a straight line. I would like to disguise it with a fence or trellis on my side of the boundary because it is an ugly concrete fence and poor quality. This will be difficult to do without losing 0.5 metres off my garden unless their fence is removed, Can I make them take it down and reposition it?

Further information. The property is privately owned. I have had a conversation with the neighbours and given them a detailed letter with photos and a copy of the section of the title deeds relating to the boundary. They simply do not understand where the boundary is even though it's plainly obvious and written in the documents they signed. I think they are just trying to enlarge their garden by enroachment. The fence was erected by a builder - shame on them!

11 Answers

Best Answer

hi there
looking at the replies i'm shocked to see the advice in here
first of all a fencing can move up to 4' without anyone know where is the original boundary(not your case)
second the fencing may be shared or could be to one of the properties
third you should not allowed in the first place to have the fencing erected on that line
discuss with your neighbor your concerns and please do not start taking the fencing down without hi,s consent(you could get arrested for criminal damage all day long)
if a dispute will take place then a surveyor will have to measure the properties and reestablish the boundary and i'm sure will be cost effective and the fencing cannot be that far out
again discuss with your neighbor first to see if you could get a agreement between the two of you
regards peter
capital fencing ltd

Answered 16th Jun 2011

C.F.C Ltd

Member since 11 Oct 2008

Hi, If you can prove they have erected the fence on your land, you can ask them to take it down giving them 30 days notice, if they refuse you can take it down at their expense.
Ive done a job like this and its prety straight foward. The neighbour probably wont talk to you afterwards though.
Fred.

Answered 26th May 2011

Odd job Rog

Member since 30 May 2008

yes you can make him take it down and re-position it on the boundary but it will take time and money as you may need to engage a solicitor, regards Terry.

Answered 26th May 2011

tm property services

Member since 9 Mar 2011

makes you wonder who erected the fence in the first place. a fully qualified or experienced fencer would be well aware of boundary lines and not encroach on someones land by that much without discussing it with the person paying to have the fence installed. there are different types of fencing with varying thicknesses but i fail to see how anyone can erect a fence that far over a boundary. make sure you have your measurements correct before kicking up a fuss though.

Answered 4th Jun 2011

ibuild building services

Member since 28 Jun 2008

Yes you can make them take it down,speak to your solicitor,they are taking the mick.Nip it in the bud or before you know it you will have no garden left.

Answered 26th May 2011

m w building construction and property maintenance

Member since 28 Sep 2008

no one has mention this may not be your boundary, you can sometimes go into these guns blazing and come out worse off, a family member had an extension and a garage built their neighbour thought it was over there boundary and kicked up a hell storm over it and got solicitors involved without talking face to face, it turned out the works was well within the boundary and that the neighbour’s garage was actually on my family members boundary

Answered 28th May 2011

D.N.A Building Services Ltd

Member since 21 May 2011

Do you OWN the property or is it a COUNCIL house????

If you own the Property, then it the plans will be in your Deeds. This will indicate where your Boundary Lies. If they are over this Boundary, then, you have every right under the Law to make them take this down and move it to where is should be (this will have to be at their own expence), as the person with whom that erected the wall, should have taking in the Boundary Linage before even going ahead with Building this eyesore.

If they refuse to do so.........seek a solicitors advice (if Own the Property) or seek advice from your local Council Planning Department, to get this matter resolved now, before it goes passed the required threshold to make this happen (approx 7 years).

Answered 4th Jun 2011

Tumble Weeds Garden & Home Services

Member since 11 Mar 2011

Its your land his ugly fence is trespassing! Not a nice situation but its your right to either ask politely or take matters into your own hands and look into it legally.
If you get on with your neighbour ask him to come into your garden and show him the poor quality of the fence erectors work!maybe he will be then understanding and get in tough with the Bodgers.

Touch not tough! Dooooh!!

Good luck.

Answered 26th May 2011

Cannon Preservation Ltd

Member since 21 May 2011

I believe you are within your rights to ask them to remove the fence or remove it yourself and charge them. However it depends on the relationship you have with your neighbour ,perhaps they are not very happy with the job this cowboy did.And the fence is new and you are looking at it all the time, with time you will not notice it as much.maybe you could grow some plants up it to disguise it ,or if it is the cpncrete post you dont like you could clad them to look like wooden post. It always seems a shame to me that neighbours who get on well fall out over boundries often making each others lives hell. Please try to resolve this by talking and if that does not get you anywhere then take legal advice before doing any thing drastic Pete.

Answered 26th May 2011

Chapman Fencing & Landscaping

Member since 17 Nov 2010

if ownership of the fence and boundry are yours then the posts have to be on his side as the face of the fence ie the good side the side without the rails is the boundry on mark on a fence when installing it

Answered 12th Jan 2012

AFFORDABLE fencing/landscapes

Member since 11 Jan 2012

Hi, legally you are quite within your right to get the fence removed and replaced and erected correctly along the boundary, tread carefuly tho neighbour disputes are never nice, to play fair i would suggest splitting the cost at least you get to pick the tradesman between you to replace it!

Answered 26th May 2011

Mulberry Cottage Gardens

Member since 4 Oct 2010

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