Neighbour replaced shared fence but didn’t place between concrete posts
Anonymous user 23/02/2024 - 3.26 PM
About 18 months ago I approached the neighbour to go halves on a new fence for the whole length of the property as they were all broken and hanging off. At first he agreed, but changed his mind. So in writing he agreed that I could change a portion that could fall on to my window- and this would be fully paid by myself. Now in the last 6 months the remaining fencing was getting worse. Without consulting with myself he hired a contractor to remove the broken fences and leave the concrete posts in place, but attached a new fence to the concrete post only (was not slotted in). Leaving the concrete posts on my side useless, as the wooden bits at the back encroach in the slot area. And because the ground was uneven to close gaps he pushed concrete slabs against his fence, and as his ground is higher than our a lot of his soil has fallen Into ours and now refuses to clean it up.
Now I can’t put up a fence without it encroaching further Into my property and nailing to the other side of the post, which I don’t want to do.
Are you a tradesperson and able to answer this question?
You need to seek legal advise from a legal professional, unfortunately we’re not legal professionals so can’t comment on what to do or what the law is.
However going off my own family experience I wouldn’t take anybody to court my family are arguing over 15k, 32k later in legal fee and 2 years running were still no closer to the end it’s far easier to forget and move on or in your cases I’ll just be the bigger person and measure 6/12 inches from the current shared boundary line and set a new boundary and build a fence that you completely own I’m your side so you don’t have to share it or be dictated to by neighbours etc
This is far easier and less hassle then arguing with someone or going to court, I’m assuming you tried talking to your neighbour in a calm friendly manner to get this resolved and get all
Points across?
I assume you just want a new fence to look at and your neighbour doesn’t care and just wants a cheap boundary line.
Hope you get this resolved
Regards
Frankie
BT Roofing Services
First, establish who owns the fence.
Within reason,the owner can do what he likes to the fence unless the deeds state otherwise.
If in doubt, install a new fence as close to the existing neighbour.
Answered31 August 2019
0
Anonymous user
First find out who owns the rights to the original fencing errected either you or your neighbour .if his fence does not encroach onto your side it's a bit hard .but if you own the original fencing he must get permission to fix to your own property i.e. The fence.
Answered31 August 2019
0
Anonymous user
The normal rule is that if you erect a boundary fence that you are supposed to leave your next door neighbour with something nice to look at. Unfortunately not many people obey this rule and it is very costly if you decide to get a solicitor involved. I would approach your neighbour and try to sort it out between your selves peacefully.
